Justice Chinembiri Bhunu denies ordering opening of ballot boxes

HIGH Court judge Justice Chinembiri Bhunu yesterday denied ever signing any consent order granting losing MDC-T candidate for Mt Pleasant, Jameson Timba, access to open sealed ballot boxes and to inspect the election material.

Justice Bhunu said when the parties to the dispute appeared before him in his chambers for the determination of the election petition over the opening of ballot boxes, they made discussion between themselves that had nothing to do with him.

The judge made the remarks after Timba's lawyer Trust Maanda invited him to confirm with his notes on what the parties previously agreed on the question of the consent order.

"I did not take down any notes. I did not record anything because you were just discussing between yourselves. I certainly did not record anything to do with the proposed consent order," Justice Bhunu said.

Maanda, however, insisted the Zimbabwe Electoral Commission (Zec) lawyers agreed to the opening of the boxes in his (Justice Bhunu) chambers.

"On October 25, applicant (Timba) appeared before you together with legal practitioners for the 1st, 2nd and 3rd respondents (The chief elections officer, Zec chairperson and Zec) as the records will show," Maanda said.

"The application was not opposed both on record and in terms of what the lawyers said on that day. The record will show that there was a discussion between applicant's lawyer and Zec lawyers Tawanda Kanengoni and Charles Nyika, and there was an agreement to record the terms of agreement that would be granted as consent order."

Maanda went further and recited the proposed consent order which Zec had allegedly drafted in favour of Timba and he told the court that the only contentious issue was whether Timba would also be allowed access to the electronic voters' roll, an issue that was left for the court to rule on.

"Having drafted the consent order, my colleagues advised that they had taken instructions from Zec that they did not want any consent in any form," Maanda said.

However, Zec lawyer Nyika dismissed Maanda's assertions, arguing they never made any consent to any order, but simply participated in a discussion where a proposed order was a topical issue.

"I object to what my colleague is saying. We indicated we were taking instructions from our client and they objected, as a result, there was no consent order to talk about," Nyika said.

After a protracted argument, Maanda applied for his order to be granted, arguing the other parties were barred from being heard by the court since they did not file opposing papers in time.

Maanda's application was not opposed by MDC-N losing candidate Peter Victor Mukuchamano, but Zec lawyers together with Zanu PF winning candidate, Jason Passade's lawyer, Joseph Mandizha, applied for the upliftment of the bar, arguing there was no prejudice to any party if the court was to hear arguments from respondents.

Justice Bhunu reserved judgment in the matter.