News / Local
Polling officers off the hook as State withdraws charges
24 Aug 2013 at 05:54hrs | Views
FOUR of the five polling officers who were facing a charge of allowing an unregistered person to vote in violation of the Electoral Act had reason to smile yesterday when the State withdrew charges against them before plea.
However, the State led by Mr Tinashe Dzipe preferred a new charge against Simiphi Moyo (56) who was the presiding officer at Hillside Junior School polling station.
She was convicted on her own plea of guilty.
Withdrawing the charges against Julian Nkiwane (40), Nomvuyo Nkomo (47), Sinikiwe Siziba (38) and Sifelimpilo Simanga (39), Mr Dzipe said the State revisited the charge and saw that it was not proper for them, basing on their conduct on the day in question, to be prosecuted.
"The State wishes to withdraw charges against accused two to five before plea because their conduct on the day does not warrant an offence which it now contemplates on the first accused person," said Mr Dzipe.
Moyo, Nkiwane, Nkomo, Siziba and Simange were initially charged with contravening Section (85)(1)(b) of the Electoral Act, Chapter 2:13 which criminalises supplying a ballot paper to an unregistered person.
Moyo was yesterday charged in terms of Section 87 of the same Act, which criminalises failing to perform any duty bestowed on a polling officer by not making thorough investigations on circumstances.
Mr Dzipe said Moyo deserved a harsh sentence because she let down the Zimbabwe Electoral Commission, (Zec) when she had been properly contracted to supervise the plebiscite, which he said was under external lenses.
Moyo's lawyer, Mr Lison Ncube of James Moyo-Majwabu and Nyoni Legal Practitioners said since the Constitutional Court had declared the recent harmonised elections free and fair, severely punishing his client would mean that the election was flawed.
Mr Crispen Mberewere, sitting at the Electoral Court in Bulawayo fined Moyo $200.
The money is to be paid before the end of September.
The five were employed by Zec to conduct the harmonised elections at Hillside Junior School polling station.
Moyo of 8 B Tait Road in Four Winds is a teacher at Hillside Junior and assisted by Nkiwane of 37 Jacaranda Avenue, Sauerstown, who was a recorder at the polling station.
Nkiwane is also a teacher at the same school.
Nkomo, Siziba and Simanga were usher and polling officers respectively.
Nkomo of 2722 Cowdray Park is a lecturer at the United College of Education.
Siziba of 5493 Cowdray Park is a teacher at Mahlathini Primary School while Simanga of 17 Annabel Drive in Four Winds is also a teacher at Mzilikazi Primary School.
The State's case was that on 31 July, a prospective voter, Christopher David Rodgers, who is also facing a charge of unconstitutionally voting, went to Hillside Junior School B polling station intending to vote.
He allegedly produced a passport to Nkomo at the door who directed him to Siziba and Simanga.
When Rodgers' name could not be found on the voters' roll, Siziba and Simanga allegedly directed him to Moyo and Nkiwane but did not tell them that his name was missing.
Instead of verifying Rodgers' name on the roll, Moyo directed him to Ms Nozipho Jason Moyo, Mr Divhan Eunice Mlauzi and Ms Dinah Hungwe to give him three ballot papers.
An alert police officer manning the polling station queried why Rodgers had been given the ballot papers when he was not registered but got no response from Moyo.
The police officer allegedly waited until Rodgers had cast his vote and arrested him.
A report was made to the police leading to Moyo, Nkiwane, Nkomo, Siziba and Simanga's arrest.
Rodgers, whose name was supposed to be recorded on the list of those who were turned away, also appeared yesterday.
He is out on $100 bail and his bail conditions include reporting to Criminal Investigations Department (CID) Law and Order Section and to surrender his travelling documents.
His lawyer Mr Shephered Chamunorwa of Calderwood, Bryce Hendrie and Partners requested for a postponement of the case to 6 September to enable the defence counsel to consider the position it wants to take as a way forward in view of yesterday's proceedings.
He said he would apply for a discharge on 6 September.
However, the State led by Mr Tinashe Dzipe preferred a new charge against Simiphi Moyo (56) who was the presiding officer at Hillside Junior School polling station.
She was convicted on her own plea of guilty.
Withdrawing the charges against Julian Nkiwane (40), Nomvuyo Nkomo (47), Sinikiwe Siziba (38) and Sifelimpilo Simanga (39), Mr Dzipe said the State revisited the charge and saw that it was not proper for them, basing on their conduct on the day in question, to be prosecuted.
"The State wishes to withdraw charges against accused two to five before plea because their conduct on the day does not warrant an offence which it now contemplates on the first accused person," said Mr Dzipe.
Moyo, Nkiwane, Nkomo, Siziba and Simange were initially charged with contravening Section (85)(1)(b) of the Electoral Act, Chapter 2:13 which criminalises supplying a ballot paper to an unregistered person.
Moyo was yesterday charged in terms of Section 87 of the same Act, which criminalises failing to perform any duty bestowed on a polling officer by not making thorough investigations on circumstances.
Mr Dzipe said Moyo deserved a harsh sentence because she let down the Zimbabwe Electoral Commission, (Zec) when she had been properly contracted to supervise the plebiscite, which he said was under external lenses.
Moyo's lawyer, Mr Lison Ncube of James Moyo-Majwabu and Nyoni Legal Practitioners said since the Constitutional Court had declared the recent harmonised elections free and fair, severely punishing his client would mean that the election was flawed.
Mr Crispen Mberewere, sitting at the Electoral Court in Bulawayo fined Moyo $200.
The money is to be paid before the end of September.
The five were employed by Zec to conduct the harmonised elections at Hillside Junior School polling station.
Moyo of 8 B Tait Road in Four Winds is a teacher at Hillside Junior and assisted by Nkiwane of 37 Jacaranda Avenue, Sauerstown, who was a recorder at the polling station.
Nkiwane is also a teacher at the same school.
Nkomo, Siziba and Simanga were usher and polling officers respectively.
Nkomo of 2722 Cowdray Park is a lecturer at the United College of Education.
Siziba of 5493 Cowdray Park is a teacher at Mahlathini Primary School while Simanga of 17 Annabel Drive in Four Winds is also a teacher at Mzilikazi Primary School.
The State's case was that on 31 July, a prospective voter, Christopher David Rodgers, who is also facing a charge of unconstitutionally voting, went to Hillside Junior School B polling station intending to vote.
He allegedly produced a passport to Nkomo at the door who directed him to Siziba and Simanga.
When Rodgers' name could not be found on the voters' roll, Siziba and Simanga allegedly directed him to Moyo and Nkiwane but did not tell them that his name was missing.
Instead of verifying Rodgers' name on the roll, Moyo directed him to Ms Nozipho Jason Moyo, Mr Divhan Eunice Mlauzi and Ms Dinah Hungwe to give him three ballot papers.
An alert police officer manning the polling station queried why Rodgers had been given the ballot papers when he was not registered but got no response from Moyo.
The police officer allegedly waited until Rodgers had cast his vote and arrested him.
A report was made to the police leading to Moyo, Nkiwane, Nkomo, Siziba and Simanga's arrest.
Rodgers, whose name was supposed to be recorded on the list of those who were turned away, also appeared yesterday.
He is out on $100 bail and his bail conditions include reporting to Criminal Investigations Department (CID) Law and Order Section and to surrender his travelling documents.
His lawyer Mr Shephered Chamunorwa of Calderwood, Bryce Hendrie and Partners requested for a postponement of the case to 6 September to enable the defence counsel to consider the position it wants to take as a way forward in view of yesterday's proceedings.
He said he would apply for a discharge on 6 September.
Source - chronicle
