News / National
MDC-T's Jameson Timba loses election petition
19 Aug 2014 at 07:29hrs | Views
The Electoral Court has dismissed MDC-T candidate Mr Jameson Timba's challenge of the July 31 2013 election results for the National Assembly in Mt Pleasant constituency and upheld the victory of Zanu-PF's Jason Passade.
Mr Timba lost the election to Passade, who polled 7 920 votes to his 3 800, but was asking the court to call for a re-run.
In a judgment delivered yesterday, Justice Chinembiri Bhunu ruled that Mr Timba's case was riddled with irreconcilable irregularities such that it could not be reasonably sustained.
"It is accordingly ordered that the petitioner's (Mr Timba) petition in this case be and is hereby dismissed with costs," said Justice Bhunu.
"That Jason Passade be and is hereby declared to be the duly elected Member of Parliament for Mt Pleasant constituency in the National Assembly elections held on 31 July 2013."
Justice Bhunu said while Mr Timba raised a raft of alleged irregularities, his chief elections agent raised only two complaints which were both successfully rebutted by Passade.
He said Mr Timba's chief elections agent raised complaints in circumstances where his other electoral agents did not.
In fact, the other elections agents went on to duly sign the electoral term sheets, signifying the absence of any electoral irregular- ities.
"In the circumstances of this case, the petitioner portrays himself as someone groping in the dark for non-existent reasons to reverse the outcome of the elections duly endorsed by his own electoral agents as having been conducted according to the prevailing laws of the land," said Justice Bhunu.
"He failed to call his electoral agents to explain their conduct in endorsing the elections if they were riddled with glaring electoral irregularities as he now alleges."
Justice Bhunu further said Mr Timba's petition could not succeed in the absence of any cogent reason explaining the conduct of his electoral agents.
Mr Timba said he will appeal against the judgment at the Supreme Court.
The petition was referred to trial after the Electoral Court felt Mr Timba should be given the opportunity to state his case.
At the hearing of the petition, the court wanted to determine if there was an unconstitutional redrawing of constituency boundaries and if so, what effect this had on the poll result.
The court also wanted to determine if irregularities regarding special voting existed and if ineligible voters were unlawfully registered to vote while eligible ones were excluded.
Passade, who was being represented by Mr Joseph Mandizha, denied any wrongdoing, adding that if there were any electoral malpractices he did not originate them.
Mr Timba lost the election to Passade, who polled 7 920 votes to his 3 800, but was asking the court to call for a re-run.
In a judgment delivered yesterday, Justice Chinembiri Bhunu ruled that Mr Timba's case was riddled with irreconcilable irregularities such that it could not be reasonably sustained.
"It is accordingly ordered that the petitioner's (Mr Timba) petition in this case be and is hereby dismissed with costs," said Justice Bhunu.
"That Jason Passade be and is hereby declared to be the duly elected Member of Parliament for Mt Pleasant constituency in the National Assembly elections held on 31 July 2013."
Justice Bhunu said while Mr Timba raised a raft of alleged irregularities, his chief elections agent raised only two complaints which were both successfully rebutted by Passade.
He said Mr Timba's chief elections agent raised complaints in circumstances where his other electoral agents did not.
In fact, the other elections agents went on to duly sign the electoral term sheets, signifying the absence of any electoral irregular- ities.
"He failed to call his electoral agents to explain their conduct in endorsing the elections if they were riddled with glaring electoral irregularities as he now alleges."
Justice Bhunu further said Mr Timba's petition could not succeed in the absence of any cogent reason explaining the conduct of his electoral agents.
Mr Timba said he will appeal against the judgment at the Supreme Court.
The petition was referred to trial after the Electoral Court felt Mr Timba should be given the opportunity to state his case.
At the hearing of the petition, the court wanted to determine if there was an unconstitutional redrawing of constituency boundaries and if so, what effect this had on the poll result.
The court also wanted to determine if irregularities regarding special voting existed and if ineligible voters were unlawfully registered to vote while eligible ones were excluded.
Passade, who was being represented by Mr Joseph Mandizha, denied any wrongdoing, adding that if there were any electoral malpractices he did not originate them.
Source - The Herald
