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Temba Mliswa's petition in shambles
09 Sep 2015 at 06:43hrs | Views
Former Zanu-PF Mashonaland West provincial chairman Mr Temba Mliswa yesterday stunned the court when he disowned his affidavit in the election petition challenging the victory of Zanu-PF's Keith Guzah in the Hurungwe West constituency by-election held in June this year. Despite appending his signature, Mr Mliswa said he did not author the affidavit because it did not contain information vital for the prosecution of his petition.
Mr Mliswa who is testifying in the Electoral Court told Justice Tendai Uchena that his lawyers did not act according to his instructions. He was answering questions put to him by Guzah's lawyer Advocate Sylvester Hashiti under cross-examination. Adv Hashiti asked Mr Mliswa to show the court where in his evidence and affidavit Guzah allegedly gave instructions to youths in the constituency to commit acts of violence.
"For me, I don't think. . . I am not a legal practitioner. It will require my lawyer to respond to this. He is the one who prepared this affidavit," said Mr Mliswa.
"Unless you want to bring on the stand my lawyer who prepared this. I am not the owner of this affidavit."
When asked who signed the affidavit, Mr Mliswa admitted having signed it. "Where I signed, yes." He also conceded that the affidavit was in his name and that he was the applicant in the matter.
Further asked who gave the lawyers instructions, Mr Mliswa said it was him. "I can give instructions to the lawyers but then lawyers bring in their legal opinion. Instructions do not necessarily mean it's what the lawyers will take," he said.
The court heard that Mr Mliswa's affidavit did not include Guzah as the culprit of the alleged violence committed in the constituency during the run up to the by-election. It also did not set out the cause of action and complaints of wrong doing against Guzah or his chief election agent or anyone under the Zanu-PF's legislator's charge. The by-election arose after Mr Mliswa was expelled from Parliament when Zanu-PF wrote disowning him.
He had been booted out of the party for acting against the party's leadership in connivance with expelled former Vice President Dr Joice Mujuru.
Mr Mliswa who is testifying in the Electoral Court told Justice Tendai Uchena that his lawyers did not act according to his instructions. He was answering questions put to him by Guzah's lawyer Advocate Sylvester Hashiti under cross-examination. Adv Hashiti asked Mr Mliswa to show the court where in his evidence and affidavit Guzah allegedly gave instructions to youths in the constituency to commit acts of violence.
"For me, I don't think. . . I am not a legal practitioner. It will require my lawyer to respond to this. He is the one who prepared this affidavit," said Mr Mliswa.
"Unless you want to bring on the stand my lawyer who prepared this. I am not the owner of this affidavit."
When asked who signed the affidavit, Mr Mliswa admitted having signed it. "Where I signed, yes." He also conceded that the affidavit was in his name and that he was the applicant in the matter.
Further asked who gave the lawyers instructions, Mr Mliswa said it was him. "I can give instructions to the lawyers but then lawyers bring in their legal opinion. Instructions do not necessarily mean it's what the lawyers will take," he said.
The court heard that Mr Mliswa's affidavit did not include Guzah as the culprit of the alleged violence committed in the constituency during the run up to the by-election. It also did not set out the cause of action and complaints of wrong doing against Guzah or his chief election agent or anyone under the Zanu-PF's legislator's charge. The by-election arose after Mr Mliswa was expelled from Parliament when Zanu-PF wrote disowning him.
He had been booted out of the party for acting against the party's leadership in connivance with expelled former Vice President Dr Joice Mujuru.
Source - the herald
