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MDC-T to abandon Electoral Court petitions due to lack of funds

by Staff reporter
22 Aug 2013 at 04:38hrs | Views
MDC-T is considering withdrawing the 95 petitions filed by its losing candidates at the Electoral Court because the party and the candidates are failing to raise the US$10 000 security of cost fees required for each petition.

The party's spokesperson Mr Douglas Mwonzora said yesterday they considered the money exorbitant and the party was considering abandoning the cases.

He said the situation was worsened by the recent Constitutional Court ruling that declared the contested election as free, fair, credible and expressing the will of Zimbabweans.

Mr Mwonzora said the party's national council would meet at the weekend to consider whether or not the candidates would continue challenging the election.

At least 95 MDC-T losing candidates on Friday filed election petitions both in Harare and Bulawayo and they are expected to collectively pay up to US$950 000 as security of costs fee.

"If justice is made so expensive to us, then we will not have access to it," said Mr Mwonzora.

"We are, therefore, reviewing our position on whether or not to proceed with our petitions.

"Again, the fact that the Constitutional Court has already declared the election free, fair and credible calls for a meeting to review our position on petitions.

The party's national executive will meet over the weekend to map the way forward."

The Electoral Court has not yet set down for hearing any of the 95 petitions filed by the MDC-T losing candidates for the National Assembly due to delays by the petitioners to tender the requisite security of costs fees.

Petitions were filed on the eve of the expiry of the 14-day period in which challenges should be filed at the Electoral Court and up to now none of the petitioners has tendered the required security of costs to the court registry.

Although the petitioners have seven days within which to tender the security from last Friday when they filed the petitions, chances are that most of them might not raise the money.

In Harare, 89 petitions were filed last Friday, while six were filed in Bulawayo, leaving the total number of petitions at 95.

Section 168 of the Electoral Act makes it a requirement for petitioners to tender security of costs as stipulated by the Electoral Court.

"Not later than seven days after the presentation of the election petition, security of an amount fixed by the registrar of the Electoral Court, being not less than the amount prescribed by the Commission after consultation with the Chief Justice, for the payment of all costs, charges and expenses that may become payable by the petitioner - (a) to pay any person summoned as a witness on his behalf or her behalf and (b) to the respondent shall be given by or on behalf of the petitioner," reads the Act.

Source - herald