News / Regional
Sipepa Nkomo challenges Tsholotsho North election recount
07 Aug 2013 at 05:19hrs | Views
MDC-T's Mrs Roselene Sipepa Nkomo, who was declared the winner of the Tsholotsho North National Assembly constituency yesterday challenged the decision by the Zimbabwe Electoral Commission to conduct a recount of the ballots.
Zec on Saturday ordered a recount in two constituencies, Tsholotsho North and Mudzi South following complaints by the two losing Zanu-PF candidates, Professor Jonathan Moyo and Cde Eric Navaya.
The order was made in terms of Section 67 A of the Electoral Act and in Tsholotsho North recounting was supposed to be today at DDF Training Centre at 10am.
Mrs Sipepa Nkomo, through her lawyer Mr Kucaca Phulu of Phulu and Ncube Legal Practitioners yesterday made an urgent chamber application at the Electoral Court seeking to bar the recount.
Mrs Sipepa Nkomo had initially made an application for a review of Zec's decision Case Number EC 25/13 to order a recount and filed the chamber application yesterday to beat the set recount date.
The application was made late in the afternoon and Justice Lawrence Kamocha is expected to hand down the order this morning.
Zec chairperson Justice Rita Makarau is cited as the 1st respondent while the electoral body is the 2nd respondent. Prof Moyo is the 3rd respondent while the other candidates in the elections, Ms Sethulo Ndebele (MDC) and Mr Absalom Dube (Zapu) are 4th and 5th respondents. In her founding affidavit, Mrs Sipepa Nkomo said at the conclusion of the elections, Zec officially declared her the overall winner and lawfully elected Member of Parliament for Tsholotsho North Constituency.
She said Zec had failed to comply with the provisions of Section 167A of the Electoral Act, Chapter 2:13 which specifies that the request for a recount should be in writing and signed by representatives of the political parties involved, adding that she got official notification of the recount on Monday.
Mrs Sipepa Nkomo said Zec's decision was ultra vires and unlawful.
She argued that Zec intends to carry out an illegal exercise which could cause irreparable harm to her legitimate interests and seeks to get an interdict order to stop the reopening of the ballot boxes without an Electoral Court order.
The applicant seeks an order compelling Zec and its officials, functionaries, employees, agents or assignees to be permanently interdicted from conducting a vote recount of the Tsholotsho North Constituency without an order to such effect by the Electoral Court, pending the finalisation of the application for review of the decision by Zec. She also seeks an order that the respondent who opposes the application should pay the costs of suit.
Mrs Sipepa Nkomo narrowly won the seat to represent Tsholotsho North ahead of Prof Moyo whose argument is that presiding officers in Ward 3 and another ward handled the election process in an unclear and suspicious manner warranting a recount.
In respect of the Mudzi South Constituency, Zec revoked its decision after Mr Samukange successfully objected to it.
Zec on Saturday ordered a recount in two constituencies, Tsholotsho North and Mudzi South following complaints by the two losing Zanu-PF candidates, Professor Jonathan Moyo and Cde Eric Navaya.
The order was made in terms of Section 67 A of the Electoral Act and in Tsholotsho North recounting was supposed to be today at DDF Training Centre at 10am.
Mrs Sipepa Nkomo, through her lawyer Mr Kucaca Phulu of Phulu and Ncube Legal Practitioners yesterday made an urgent chamber application at the Electoral Court seeking to bar the recount.
Mrs Sipepa Nkomo had initially made an application for a review of Zec's decision Case Number EC 25/13 to order a recount and filed the chamber application yesterday to beat the set recount date.
The application was made late in the afternoon and Justice Lawrence Kamocha is expected to hand down the order this morning.
She said Zec had failed to comply with the provisions of Section 167A of the Electoral Act, Chapter 2:13 which specifies that the request for a recount should be in writing and signed by representatives of the political parties involved, adding that she got official notification of the recount on Monday.
Mrs Sipepa Nkomo said Zec's decision was ultra vires and unlawful.
She argued that Zec intends to carry out an illegal exercise which could cause irreparable harm to her legitimate interests and seeks to get an interdict order to stop the reopening of the ballot boxes without an Electoral Court order.
The applicant seeks an order compelling Zec and its officials, functionaries, employees, agents or assignees to be permanently interdicted from conducting a vote recount of the Tsholotsho North Constituency without an order to such effect by the Electoral Court, pending the finalisation of the application for review of the decision by Zec. She also seeks an order that the respondent who opposes the application should pay the costs of suit.
Mrs Sipepa Nkomo narrowly won the seat to represent Tsholotsho North ahead of Prof Moyo whose argument is that presiding officers in Ward 3 and another ward handled the election process in an unclear and suspicious manner warranting a recount.
In respect of the Mudzi South Constituency, Zec revoked its decision after Mr Samukange successfully objected to it.
Source - chronicle
