Local policy think tank, the Zimbabwe Democracy Institute (ZDI) says the recent Supreme Court ruling that overturned the Bulawayo High Court decision to disqualify 12 CCC MP candidates from participating in the 2023 elections has not only exposed a tactical misstep by the ruling party, but also illuminated the complex dynamics of power and democracy in Zimbabwe.
Late last month, Justice Bongani Ndlovu upheld a challenge by Zanu PF activists, who argued that the Zimbabwe Electoral Commission (ZEC) breached electoral regulations after the governing body accepted opposition parties’ nomination papers after the deadline.
In a recent report titled Law fare, Big Events, and Electoral Politics: The Supreme Court Decision and Its Implications for Zimbabwe’s 2023 Elections, ZDI said the judgment exposed the ruling Zanu PF party.
“The Supreme Court decision exposed a strategic misfire by ZANU-PF that backfired on its attempt to use law fare to undermine its rivals. It gave the opposition an opportunity to gain public sympathy and legitimacy in Bulawayo, a key urban stronghold. It also has implications for the political momentum of both parties and for the prospects of democracy in Zimbabwe. The Supreme Court decision is a rare victory for democracy and justice in Zimbabwe, but it remains to be seen whether it will translate into electoral success for CCC and political change for the country.
“It proves that the use of judiciary capture to declare the victory or will of the incumbent has limitations. It can be defeated if there is overwhelming evidence. While the ruling was top notch on both facts and law, we caution against using the ruling to make broad generalisations on the independence of the judiciary in Zimbabwe. But we must also accept and acknowledge that the Supreme Court made the right legal call,” said the policy think tank
ZDI argues that the Supreme Court decision was a setback for ZANU-PF’s strategy of using law fare to weaken its rivals and a boost for CCC’s chances of performing well in the 2023 elections.
