MDC-T's Lovemore Moyo dumped by lawyers

FORMER Speaker of Parliament Lovemore Moyo - who is challenging his loss to Zanu-PF's Never Khanye in the Matobo North National Assembly seat, has been dumped by his lawyer.

It could not be readily established why Kucaca Phulu of Phulu and Ncube Legal Practitioners dumped Moyo.

Phulu represented Moyo when he filed the petition at the Electoral Court in Bulawayo on August 15.

Moyo appeared in person yesterday before Bulawayo High Court judge Justice Nokuthula Moyo where he told the court that Phulu had renounced his representation.

The former legislator, who is also MDC-T national chairman appealed for the indulgency of the court to postpone the matter to allow him time to engage another lawyer.

"I find myself in a difficult situation because my legal representative has renounced urgency-something I didn't anticipate," he told the judge.

To buy the lenience of the court, Moyo said it was only on Tuesday when he received a notice that the matter had been set down for hearing yesterday.

"I need time to sort out this.

I had challenges and at the moment I am writing examinations at Nust where I am studying and I cannot be available tomorrow and Friday to the court.

"I also received a notice of this matter yesterday after the notice was delivered at 3.30pm at our Bulawayo office and I was advised in the evening that the matter is on today.

I pray that this honourable court give me time.

Given the importance of this matter, I fully want legal representation for it to be completed," said Moyo.

He did not disclose the reason why his lawyer dumped him and told the court that his party was already in the process of engaging a replacement who has since started looking at the papers.

He could not mention the name of the new lawyer.

Asked by Justice Moyo when he could be ready for the matter to proceed, Moyo said: "I may be forced to raise confusion that occurred between our office in Harare and the lawyer and the coming in of a new lawyer. I have been talking to my new lawyer and he said he wanted time to go through the file."

Indications are that the MDC-T could have failed to pay the lawyer because Moyo told the court that the confusion was also linked to the fact that money for legal fees comes from his party's head office in Harare and was stopped by the judge who said the issue of payment was not part of the matter at hand.

The judge quizzed the former legislator why it took him more than a month to look for a lawyer after the departure of Phulu, and he responded by saying he had been ignorant of the procedure as he didn't anticipate that the matter could be heard before year end.

Mlamuli Ncube, from Cheda and Partners representing the defendant Khanye was opposed to the request for postponement, saying Moyo knew that he no longer had legal representation a long time ago but did not make an effort to engage another lawyer.

Ncube said Moyo's lawyer had not served him a copy of his renouncement, and was given the copy in court.

"We only got to know about this when the clerk phoned to advise us that the matter has been set down for today.

The petitioner had ample time to get a lawyer, these petitions are serious matters in the administration of the country as they affect the running of the country in the sense that it's a challenge to the elections," Ncube responded.

"These matters should be finalised with the urgency they carry and therefore I submit that the application be dismissed."

In her ruling, Justice Moyo said it was important to observe statues pertaining to petitions, quoting Section 182 of the Electoral Act which specifies that a petition must be dealt with within six months.

"The court feels the litigant is entitled to get legal representation.

I will allow a postponement provided this will be the last time there is such indulgency by this court.

The petitioner is the one who brought this matter to court and it is his duty to ensure it's completed in time.

The matter is postponed to 20 January and we will not entertain any further postponement," said Justice Moyo.

Moyo, polled 5,219 votes while Khanye garnered 5,300 votes in the July 31 harmonised elections.

The former legislator filed the petition in terms of Section 167 of the Electoral Act, Chapter 2:13 challenging the poll outcome.

He blames his defeat on irregularities that allegedly marred the electoral process.