SW Radio Africa news - The Independent Voice of Zimbabwe
Suspended Mutare Mayor, Brian James on Friday won a Constitutional Court challenge, allowing him to contest in the coming local government elections.
James, who was suspended by Local Government Minister Ignatius Chombo last year, had approached the ConCourt to challenge a section of the Electoral Act, which bars suspended government officials from standing for re-election.
Chombo had suspended James last year, accusing him of incompetence and financial mismanagement. This suspension is being challenged in the High Court and James has previously said that he believes Chombo’s action was undertaken to keep him away from contesting again in the forthcoming polls.
Lawyer Tawanda Zhuwarara told SW Radio Africa that this section of the Electoral Act undermines the new constitution, which states that anyone over the age of 18 can file nomination papers and stand for elections.
“This was a monumental argument in the sense that this is the first time the court is dealing with question of right to be elected and the court agreed with our argument that it was unfair and unreasonable for him to be barred,” Zhuwarara said.
The decision by the court was made just hours before the window to file nomination papers ahead of the general elections closed on Friday at 4pm. Zhuwarara said the case sets an important precedent.
“It is a very important decision and arguably one of the most important ones of the court because it confirms that an individual has political rights that are constitutionally entrenched,” the lawyer said.
He added: “So as of 4o’clock today, Mr. James filed his nomination paper and will be standing as an independent candidate in his constituency, regardless of the suspension.”
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