News / National
ZEC challenges 39 MDC-T petitions
03 Sep 2013 at 04:34hrs | Views
The Zimbabwe Electoral Commission said the election petitions filed by the 39 MDC-T National Assembly losing candidates were defective because they wrongly cited it as a respondent in breach of the electoral laws.
ZEC lawyers Mr Tawanda Kanengoni and Mr Charles Nyika of Kanengoni and Nyika Legal Practitioners argue that the petitioners wrongly cited the commission as a respondent in the applications and the decision should be reversed.
The commission, according to the lawyers, could not be cited as a respondent in a petition filed to contest the National Assembly election.
It is argued that the electoral law defines a respondent in a petition of that nature, as a winner in the contested election and ZEC does not qualify to be cited as a respondent.
By yesterday afternoon, ZEC had filed notices of opposition at the Electoral Court in respect of at least 20 of the petitions raising the same preliminary point that the commission was wrongly cited as a respondent, an error they say renders the petitions defective at law.
The lawyers cited Section 166 of the Electoral Act which gives the definition of a respondent in a petition as follows:
"In this part, 'respondent' means the President, Member of Parliament or councillor whose election qualification for holding the office is complained of in an election petition."
ZEC argued through its lawyers that its citation as respondent in the petitions had an effect of infringing on the commission's impartiality.
"To maintain impartiality, ZEC should not be involved in the petitions. The commission should simply be informed of the outcome and the way forward as spelt out by the court.
"The commission's impartiality in the conduct of any potential re-run will thus be viewed in the context of the position it took in the preceding trial and may re-petition," Mr Kanengoni said.
The lawyers argue that the law provided for other means of calling ZEC officials to testify without citing them.
"It also remains open to any party in an election petition to call any person against whom an allegation is made of electoral malpractice including officials of ZEC or those members of the Public Service Commission seconded to the ZEC, for the purposes of the general election to give evidence in an election petition.
"This is provided under Section 158 as read with Section 171 (4) (b) of the Electoral Act," read ZEC's response.
Meanwhile, MDC-T spokesperson Mr Douglas Mwonzora, who lost Nyanga North constituency to Hubert Nyanhongo, yesterday filed an urgent chamber application at the High Court seeking a recount in his constituency.
The matter was still to be set down for hearing at the High Court.
ZEC lawyers Mr Tawanda Kanengoni and Mr Charles Nyika of Kanengoni and Nyika Legal Practitioners argue that the petitioners wrongly cited the commission as a respondent in the applications and the decision should be reversed.
The commission, according to the lawyers, could not be cited as a respondent in a petition filed to contest the National Assembly election.
It is argued that the electoral law defines a respondent in a petition of that nature, as a winner in the contested election and ZEC does not qualify to be cited as a respondent.
By yesterday afternoon, ZEC had filed notices of opposition at the Electoral Court in respect of at least 20 of the petitions raising the same preliminary point that the commission was wrongly cited as a respondent, an error they say renders the petitions defective at law.
The lawyers cited Section 166 of the Electoral Act which gives the definition of a respondent in a petition as follows:
"In this part, 'respondent' means the President, Member of Parliament or councillor whose election qualification for holding the office is complained of in an election petition."
ZEC argued through its lawyers that its citation as respondent in the petitions had an effect of infringing on the commission's impartiality.
"To maintain impartiality, ZEC should not be involved in the petitions. The commission should simply be informed of the outcome and the way forward as spelt out by the court.
"The commission's impartiality in the conduct of any potential re-run will thus be viewed in the context of the position it took in the preceding trial and may re-petition," Mr Kanengoni said.
The lawyers argue that the law provided for other means of calling ZEC officials to testify without citing them.
"It also remains open to any party in an election petition to call any person against whom an allegation is made of electoral malpractice including officials of ZEC or those members of the Public Service Commission seconded to the ZEC, for the purposes of the general election to give evidence in an election petition.
"This is provided under Section 158 as read with Section 171 (4) (b) of the Electoral Act," read ZEC's response.
Meanwhile, MDC-T spokesperson Mr Douglas Mwonzora, who lost Nyanga North constituency to Hubert Nyanhongo, yesterday filed an urgent chamber application at the High Court seeking a recount in his constituency.
The matter was still to be set down for hearing at the High Court.
Source - herald
