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Moyo election petition today

by Court Reporter
11 Dec 2013 at 03:37hrs | Views
THE Electoral Court is sitting in Bulawayo today to hear the election petition in which former Speaker of Parliament Lovemore Moyo is challenging his defeat by Zanu-PF's Never Khanye in the Matobo North National Assembly seat.

The MDC-T national chairman, Moyo, polled 5,219 votes while Khanye garnered 5,300 votes in the July 31 harmonised elections.

The former legislator filed a petition with the Electoral Court on August 15 in terms of Section 167 of the Electoral Act, Chapter 2:13 challenging the poll outcome.

Moyo, who is being represented by Phulu and Ncube Legal Practitioners, argues that the electoral process was marred by irregularities which he blames for his defeat.

He told the court in his founding affidavit that his election agents were ejected from polling stations thereby presenting an uneven playing ground.

Moyo also alleged that at the constituency command centre, he observed a double addition of the special vote which the constituency elections officer Mark Dube is alleged to have agreed to.

He also claimed that the figures had been tampered with alleging that they did not have counter signatures of their election agents.

Among other queries, Moyo claimed there was a questionable phenomenal increase in the number of voters which he said was not commensurate with the population of registered voters in the constituency.

According to the draft order, Moyo is seeking the court to set aside Khanye's victory and order the Zimbabwe Electoral Commission to direct new elections for the Matobo North National Assembly seat.

Last week, an election petition was heard at Bulawayo Electoral Court in respect of Kwekwe Central Constituency where Justice Mutema declared the seat vacant.

However, Justice Nokuthula Moyo overrode the judgment which had given MDC's Blessing Chebundo an edge over Zanu-PF's Masango Matambanadzo who had made an urgent application.

The case will be heard at a later date.

Another candidate Ezra Sibanda, who had challenged the outcome of Vungu Constituency elections after losing to Josphat Madubeko, had his withdrawal of the petition confirmed by Justice Mutema.

Source - chronicle