Zimbabwe – Ready for Elections? 4.3.2 63 Electoral court The Electoral Court is set up in terms of the Electoral Act. It is not a permanent court; it is constituted by the Chief Justice and comprises judges from the High Court of Zimbabwe.16 It was constituted in terms of section 161 – barely two days after nomination court. It appears that in terms of timing of the Electoral Court, it has been set up rather late ahead of the 31 July 2013 harmonised elections. The Electoral Court has thus far handled some cases relating to nomination court appeals. Eulitah Govo Govo is an aspiring candidate for Ward 21, Chikomba District. On 28 June 2013 she attended at the offices of the Chief Executive Officer of the Chikomba Rural District Council for the purpose of filing her nomination papers. She successfully submitted her papers, but was advised by the nomination officer that they had been rejected on account of a variance between her surname on her birth certificate and that on her national identity card. She explained that she had changed her surname when she got married, and was told to bring a copy of her marriage certificate, despite this not being a requirement in terms of the Electoral Act. Upon furnishing a copy of the marriage certificate, she was advised that she was out of time, and as such her nomination papers had been rejected. This conferred an unfair advantage on the male contenders for political office who had not been asked to produce the same. The effect of this rejection was that the ZANU-PF aspiring candidate for the same ward would be elected unopposed. Leonard An aspiring councillor in the Matopo District, Leonard lodged his application at the nomination court on 28 June 2013 and it was dismissed on the grounds that his name did not appear on the voters’ roll. Leonard registered to vote in June 2013 and had a receipt to prove that he is a registered voter. An appeal was lodged on his behalf at the Electoral Court on 2 July 2013. The matter was set down by the Electoral Court on 8 July 2013. The appeal was upheld and he was confirmed as a duly nominated contesting candidate. Judge Ndlovu An aspiring councilor for Matabeleland South province, Ndlovu had his application dismissed by the nomination court because his name did not appear on the voters’ roll. He is a registered voter, having registered on 12 November 2012. An appeal was lodged on his behalf at the Electoral Court. The appeal was upheld, and he was confirmed as a duly nominated contesting candidate for the upcoming elections. 16 Section 161 of the Electoral Act.

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