via Prof Moyo refuses to throw the towel – Southern Eye by Silas Nkala 5 February 2014
MEDIA, Information and Broadcasting Services minister Professor Jonathan Moyo has appealed against the Electoral Court’s decision to throw out his petition challenging the victory of MDC-T’s Roselene Nkomo in the Tsholotsho North seat in last year’s elections.
Moyo lost the July 31 polls. He lodged a complaint with the Zimbabwe Electoral Commission (ZEC) soon after election results were announced seeking a recount of the votes.
Moyo cited numerous alleged anomalies in the process and subsequently filed a petition against ZEC and Nkomo.
He withdrew his petition against ZEC to focus on the challenge against Nkomo.
However, Bulawayo High Court judge Justice Martin Makonese, who presided over Moyo’s case at the Electoral Court, last week dismissed the Zanu PF politburo member’s petition with costs.
Justice Makonese ruled that Moyo’s petition was fatally defective and was of no force or effect for want of compliance with rule (21)(e) and (5) of the Electoral Applications, Appeals and Petitions of 1995.
Moyo’s Bulawayo-based lawyer Job Sibanda confirmed filing an appeal against Justice Makonese’s ruling at the Bulawayo High Court.
“Yes, we filed opposition papers and they have been sent to Harare (to Moyo’s personal lawyer Terence Hussein),” he said without revealing contents of the appeal.
Nkomo’s lawyer Kucaca Phulu yesterday professed ignorance over the appeal saying he was out of town.
“I have not yet seen the papers. I am hearing that from you,” said Phulu.
Moyo is the only Zanu PF candidate who challenged the outcome of the polls which MDC-T says were rigged.
The Electoral Court has also dismissed most of the petitions filed by MDC-T losing candidates throughout the country.