News / Regional
'Voting was fraught with irregularities,' says Prof Moyo
22 Aug 2013 at 08:27hrs | Views
ZANU-PF Politburo member Professor Jonathan Moyo has insisted that the voting process in Tsholotsho North constituency was fraught with irregularities with one of the presiding officers allegedly seen cancelling names of prospective voters without anyone voting.
Prof Moyo was contesting for the seat against three other candidates who included MDC-T's Mrs Roseline Sipepa Nkomo, who was declared the winner.
Prof Moyo lodged a complaint to the Zimbabwe Electoral Commission (Zec) a fortnight ago seeking a recount of the votes, citing numerous anomalies in the process.
However, Justice Lawrence Kamocha sitting at the Electoral Court in Bulawayo set aside the decision by Zec to have a recount.
On Monday, Prof Moyo, through his lawyer, Mr Job Sibanda of Job Sibanda and Associates filed a petition at the Electoral Court in Bulawayo seeking a nullification of the election and an order for fresh elections in the constituency.
The petition is in terms of Section 168 of the Electoral Act.
According to affidavits by Prof Moyo's polling agents which are attached to the petition some presiding officers allegedly conducted the process in the absence of the polling agents.
Mr Venda Ndlovu who was stationed at Sandawana Primary School in Ward Eight said he found the presiding officer at the station, Ms Simanga Moyo cancelling names on the voters' roll without anyone voting during lunch.
"I went for lunch and when I returned to the polling station, I discovered that the presiding officer was cancelling names in the voters' roll alone without anyone voting. I then asked the presiding officer why she was cancelling the names alone without the involvement of
He said he believed Ms Moyo manipulated figures.
Another polling agent Ms Gladys Sibanda who was stationed at Mbuhulu Primary School polling station said polling agents were shut out from the counting process.
"When counting started, the presiding officer Ms Thuliwe Magonya said polling agents should sit down and watch from a distance as we had nothing to do with counting," said Ms Sibanda.
"We then sat on the sides of the counting point and counting proceeded with polling officers counting by themselves while ballot papers were facing downwards such that we could not see what was marked on them. We believe the results were not correct as counting was done in a fast and unclear manner."
In several other affidavits by Prof Moyo's polling agents, some polling officers were allowing unregistered voters to cast their votes while several others were turned away.
Some said they queried the presence of a truck with a Methodist Church label, which they suspected was being used by MDC-T officers around the constituency.
In one of the constituencies some suspicious cow horns were found at the polling station, read one of the affidavits.
Prof Moyo cited Zec as the first respondent while its chairperson Justice Rita Makarau is 2nd.
Other respondents are the chief elections officer Mr Lovemore Sekeramayi (3rd), Mr Ewan Zelebu Dube the District Elections Officer for Tsholotsho (4th), Ms Sibongile Sayi, the Constituency Elections Officer (5th) and the Provincial Elections Officer for Matabeleland North Mr Mark Ndlovu (6th).
The Registrar General Mr Tobaiwa Mudede and Tsholotsho District Registrar of voters Ms Gertrude Thandiwe Mlotshwa are cited as the 7th and 8th respondents while Mrs Sipepa-Nkomo is the 9th.
Prof Moyo argues that declaring Mrs Sipepa-Nkomo as the winning candidate was "improper and irregular" given the above cited concerns.
In his founding affidavit, Prof Moyo said there were a lot of irregularities in wards one to nine and Ward 21 and therefore sought a nullification or a re-run within 90 days from the day of determination by the Electoral Court.
He said when counting started, his election agent Mr Vincent Moyo and more than 225 Zanu-PF polling agents reported incidents of inconsistencies, which compromised its authenticity.
Prof Moyo said at Manjelegwa Tent Polling Station the presiding officer, Mr Irvine Nkomo arrived at Kapane Primary School collation centre without V11 forms and alleged that he had wrongfully put them in one of the ballot boxes.
He said ballot box was opened without a court order while at Mazwi Tent in the same ward polling officers openly undercounted votes that were in his favour.
Prof Moyo also wants the court to determine how 318 voters were rejected.
He also challenges the misplacement and non-counting of special votes which he said were allegedly sent to Tsholotsho South Constituency and treated as spoilt votes, adding that the whereabouts of these special votes "remains a mystery".
He complained about the state of the voters' role in Ward 21 and called for preparation of a proper voters' roll.
The matter has not been set down for hearing.
Prof Moyo was contesting for the seat against three other candidates who included MDC-T's Mrs Roseline Sipepa Nkomo, who was declared the winner.
Prof Moyo lodged a complaint to the Zimbabwe Electoral Commission (Zec) a fortnight ago seeking a recount of the votes, citing numerous anomalies in the process.
However, Justice Lawrence Kamocha sitting at the Electoral Court in Bulawayo set aside the decision by Zec to have a recount.
On Monday, Prof Moyo, through his lawyer, Mr Job Sibanda of Job Sibanda and Associates filed a petition at the Electoral Court in Bulawayo seeking a nullification of the election and an order for fresh elections in the constituency.
The petition is in terms of Section 168 of the Electoral Act.
According to affidavits by Prof Moyo's polling agents which are attached to the petition some presiding officers allegedly conducted the process in the absence of the polling agents.
Mr Venda Ndlovu who was stationed at Sandawana Primary School in Ward Eight said he found the presiding officer at the station, Ms Simanga Moyo cancelling names on the voters' roll without anyone voting during lunch.
"I went for lunch and when I returned to the polling station, I discovered that the presiding officer was cancelling names in the voters' roll alone without anyone voting. I then asked the presiding officer why she was cancelling the names alone without the involvement of
He said he believed Ms Moyo manipulated figures.
Another polling agent Ms Gladys Sibanda who was stationed at Mbuhulu Primary School polling station said polling agents were shut out from the counting process.
"When counting started, the presiding officer Ms Thuliwe Magonya said polling agents should sit down and watch from a distance as we had nothing to do with counting," said Ms Sibanda.
"We then sat on the sides of the counting point and counting proceeded with polling officers counting by themselves while ballot papers were facing downwards such that we could not see what was marked on them. We believe the results were not correct as counting was done in a fast and unclear manner."
In several other affidavits by Prof Moyo's polling agents, some polling officers were allowing unregistered voters to cast their votes while several others were turned away.
Some said they queried the presence of a truck with a Methodist Church label, which they suspected was being used by MDC-T officers around the constituency.
In one of the constituencies some suspicious cow horns were found at the polling station, read one of the affidavits.
Prof Moyo cited Zec as the first respondent while its chairperson Justice Rita Makarau is 2nd.
Other respondents are the chief elections officer Mr Lovemore Sekeramayi (3rd), Mr Ewan Zelebu Dube the District Elections Officer for Tsholotsho (4th), Ms Sibongile Sayi, the Constituency Elections Officer (5th) and the Provincial Elections Officer for Matabeleland North Mr Mark Ndlovu (6th).
The Registrar General Mr Tobaiwa Mudede and Tsholotsho District Registrar of voters Ms Gertrude Thandiwe Mlotshwa are cited as the 7th and 8th respondents while Mrs Sipepa-Nkomo is the 9th.
Prof Moyo argues that declaring Mrs Sipepa-Nkomo as the winning candidate was "improper and irregular" given the above cited concerns.
In his founding affidavit, Prof Moyo said there were a lot of irregularities in wards one to nine and Ward 21 and therefore sought a nullification or a re-run within 90 days from the day of determination by the Electoral Court.
He said when counting started, his election agent Mr Vincent Moyo and more than 225 Zanu-PF polling agents reported incidents of inconsistencies, which compromised its authenticity.
Prof Moyo said at Manjelegwa Tent Polling Station the presiding officer, Mr Irvine Nkomo arrived at Kapane Primary School collation centre without V11 forms and alleged that he had wrongfully put them in one of the ballot boxes.
He said ballot box was opened without a court order while at Mazwi Tent in the same ward polling officers openly undercounted votes that were in his favour.
Prof Moyo also wants the court to determine how 318 voters were rejected.
He also challenges the misplacement and non-counting of special votes which he said were allegedly sent to Tsholotsho South Constituency and treated as spoilt votes, adding that the whereabouts of these special votes "remains a mystery".
He complained about the state of the voters' role in Ward 21 and called for preparation of a proper voters' roll.
The matter has not been set down for hearing.
Source - chronicle
