NAH FAM: High court nixes ‘grossly unreasonable’ ZEC election nomination fees

A High Court in Harare has set aside the gazette fees for nomination published by the Zimbabwe Electoral Commission (ZEC)..

In a judgement in favour of Egypt Dzinemunenzva, Allan Markham, Tapiwanashe Chiriga and Esther Zimudzi, found that Statutory Instrument 144 of 2022 was ‘unconstitutional for abrogating the provisions of Section 67 and 68 as read Section 134(b) of the Constitution of Zimbabwe’.

“The unjustified nomination fees by 1st Respondent (ZEC) is arbitrary, grossly unreasonable, unlawful and a violation of section 3(b) of the Electoral Act (Chapter 2:13).

As such the fees have been set aside.

Our thoughts

It was at best unfortunate that for one to run for president, they would have had to part with USD20,000. While the argument that it weeds out chancers who have no hope of winning, it relegates the bastion of democracy to being only available to the rich and well-heeled.

It becomes a step away from requiring that voters must also have a minimum level of wealth or whatever arbitrary requirement beyond being a citizen of Zimbabwe.

It is dangerous.