News / National
MDC-T court application dismissed on preliminary points
27 Aug 2013 at 04:19hrs | Views
The High Court has thrown out an application by a losing MDC-T National Assembly candidate in Masvingo West in which he sought to bar Traditional Chiefs' Council of Zimbabwe president Chief Fortune Charumbira from addressing political gatherings and threatening the opposition party's supporters.
Mr Takanayi Mureyi who lost the Masvingo West seat to Zanu-PF's Ezira Ruvai in the July 31 election blames his defeat on Chief Charumbira whom he accused of intimidating people to vote for Zanu-PF.
He has also filed a petition challenging the election and its outcome and he was among the 39 candidates whose US$10 000 security for costs fees were paid by MDC-T on Friday.
Mr Mureyi was challenging the election on the basis that the traditional leaders including Chief Charumbira were intimidating the voters among other grounds.
He contended that even after he filed the petition, Chief Charumbira had continued addressing rallies and denouncing MDC-T, which he said would seriously prejudice him in the event that his petition succeeded.
Justice November Mtshiya yesterday afternoon dismissed the application on three preliminary points without hearing the merits of the matter.
Prominent Harare lawyer Mr Jonathan Samukange acted for Chief Charumbira while Mr Gift Mtisi of Musendekwa-Mtisi was representing Mr Mureyi.
Mr Mureyi wanted the court to interdict Chief Charumbira from coercing his subjects to attend political gatherings.
He also wanted the chief barred from threatening his subjects with eviction and death if they vote for MDC-T.
The parties got into Justice Mtshiya's chambers where the matter was dismissed on preliminary points.
After the hearing Mr Samukange briefed journalists on the outcome.
"The judge has dismissed the application on preliminary points. Firstly the judge questioned how he could interdict a chief from addressing his subjects.
"The court also found that the applicant had approached the wrong court. Instead he should have gone to the Electoral Court and not the High Court."
Mr Takanayi Mureyi who lost the Masvingo West seat to Zanu-PF's Ezira Ruvai in the July 31 election blames his defeat on Chief Charumbira whom he accused of intimidating people to vote for Zanu-PF.
He has also filed a petition challenging the election and its outcome and he was among the 39 candidates whose US$10 000 security for costs fees were paid by MDC-T on Friday.
Mr Mureyi was challenging the election on the basis that the traditional leaders including Chief Charumbira were intimidating the voters among other grounds.
He contended that even after he filed the petition, Chief Charumbira had continued addressing rallies and denouncing MDC-T, which he said would seriously prejudice him in the event that his petition succeeded.
Justice November Mtshiya yesterday afternoon dismissed the application on three preliminary points without hearing the merits of the matter.
Mr Mureyi wanted the court to interdict Chief Charumbira from coercing his subjects to attend political gatherings.
He also wanted the chief barred from threatening his subjects with eviction and death if they vote for MDC-T.
The parties got into Justice Mtshiya's chambers where the matter was dismissed on preliminary points.
After the hearing Mr Samukange briefed journalists on the outcome.
"The judge has dismissed the application on preliminary points. Firstly the judge questioned how he could interdict a chief from addressing his subjects.
"The court also found that the applicant had approached the wrong court. Instead he should have gone to the Electoral Court and not the High Court."
Source - herald
