News / National
Zanu-PF in another court victory 'on a technicality'
23 Oct 2018 at 06:19hrs | Views
THE Electoral Court has confirmed the ruling party, Zanu-PF's victory in Chikomba Central constituency in a case in which an independent losing candidate Mr Ngonidzashe Chandiwana was challenging the poll result.
Justice Samuel Kudya on Wednesday threw out Mr Chandiwana's election petition and declared Tapiwa Felix Mhona (Zanu-PF) as legitimate National Assembly member for the constituency.
Mhona won the election on July 30 this year, defeating five other contestants, including Mr Chandiwana. Unhappy with the outcome, Mr Chandiwana filed a petition at the Electoral Court citing electoral malpractices, intimidation of voters and violence. After hearing arguments from the parties involved, Justice Kudya last week dismissed the petition with costs.
Justice Kudya ruled that the petition filed was defective.
"Accordingly, it is ordered that: 1.The electoral petition filed by the petitioner in this case is fatally defective and is of no force and effect for want of compliance with Rule 21(f) and (g) of the Electoral (Application, Appeals and Petitions) Rules, 1995. 2. The petition is hereby dismissed. 3. The respondent Tapiwa Felix Mhona be and is hereby declared duly elected member of the National Assembly for the Chikomba Central Constituency in accordance with the declaration of July 31 2018.
4. The petitioner shall bear the respondent's costs." Justice Kudya said the petitioner did not comply with the rules of the court. The petitioner relied on corrupt or illegal practices but did not state the full names and addresses of the perpetrators, in violation of Rule 21 (f) of the Electoral Court.
Justice Samuel Kudya on Wednesday threw out Mr Chandiwana's election petition and declared Tapiwa Felix Mhona (Zanu-PF) as legitimate National Assembly member for the constituency.
Mhona won the election on July 30 this year, defeating five other contestants, including Mr Chandiwana. Unhappy with the outcome, Mr Chandiwana filed a petition at the Electoral Court citing electoral malpractices, intimidation of voters and violence. After hearing arguments from the parties involved, Justice Kudya last week dismissed the petition with costs.
Justice Kudya ruled that the petition filed was defective.
"Accordingly, it is ordered that: 1.The electoral petition filed by the petitioner in this case is fatally defective and is of no force and effect for want of compliance with Rule 21(f) and (g) of the Electoral (Application, Appeals and Petitions) Rules, 1995. 2. The petition is hereby dismissed. 3. The respondent Tapiwa Felix Mhona be and is hereby declared duly elected member of the National Assembly for the Chikomba Central Constituency in accordance with the declaration of July 31 2018.
4. The petitioner shall bear the respondent's costs." Justice Kudya said the petitioner did not comply with the rules of the court. The petitioner relied on corrupt or illegal practices but did not state the full names and addresses of the perpetrators, in violation of Rule 21 (f) of the Electoral Court.
Source - chronicle
