News / National
MDC-T files notice of appeal at the Supreme Court
16 Aug 2013 at 06:05hrs | Views
MDC-T has filed a notice of appeal at the Supreme Court contesting the decision by Judge President George Chiweshe to dismiss the party's application to stop the special voting process last month.The special vote, in terms of the law, is intended for people including civil servants and the uniformed forces who would be away from their respective wards during national elections.
The failed application queried the number of police officers who cast their ballots during the two-day special vote that took place on July 14 and 15 this year.
Justice Chiweshe did not give reasons for his decision saying they will be made available in due course.
While the reasons were still to be availed, MDC-T lawyer Mr Harrison Nkomo on Wednesday filed a notice of appeal challenging the decision.
At the lower court, MDC-T sought to nullify the special vote arguing that the number of voters for police officers was grossly inflated. The party wanted to stop the special votes, claiming that the 69 000 police officers approved to cast their vote ballots during the two-day period exceeded the 44 113 shown on a Ministry of Finance salary schedule for the force.
Members of the disciplined forces voted during the two-day period under the Special Vote but only 29 000 people out of the 69 000 that had been approved to vote were able to cast their ballots.
In the notice of appeal, MDC-T and its deputy national chairman Mr Morgan Komichi argue that the High Court erred in finding that it did not have jurisdiction to hear the case. The finding that MDC-T ought to have approached the Electoral Court, according to the party's lawyers, was not legally correct.
MDC-T argues that the lower court erred in holding that the relief they sought had been overtaken by events and that it could not be granted as at July 19.
The party will also challenge the High Court's decision that information on the total number of police officers was a matter of national security that could not be divulged in the absence of a ministerial certificate.
The failed application queried the number of police officers who cast their ballots during the two-day special vote that took place on July 14 and 15 this year.
Justice Chiweshe did not give reasons for his decision saying they will be made available in due course.
While the reasons were still to be availed, MDC-T lawyer Mr Harrison Nkomo on Wednesday filed a notice of appeal challenging the decision.
Members of the disciplined forces voted during the two-day period under the Special Vote but only 29 000 people out of the 69 000 that had been approved to vote were able to cast their ballots.
In the notice of appeal, MDC-T and its deputy national chairman Mr Morgan Komichi argue that the High Court erred in finding that it did not have jurisdiction to hear the case. The finding that MDC-T ought to have approached the Electoral Court, according to the party's lawyers, was not legally correct.
MDC-T argues that the lower court erred in holding that the relief they sought had been overtaken by events and that it could not be granted as at July 19.
The party will also challenge the High Court's decision that information on the total number of police officers was a matter of national security that could not be divulged in the absence of a ministerial certificate.
Source - chronicle
