via Supreme Court rejects Moyo poll appeal 30 July 2014
THE Supreme Court Wednesday dismissed with costs Information Minister Jonathan Moyo’s appeal against an earlier High Court ruling which threw out his petition for the nullification of his defeat in last year’s parliamentary elections.
Moyo lost the July 2013 parliamentary polls to Roselyn Nkomo of the MDC-T but rejected the outcome citing alleged irregularities.
Wednesday’s hearing was presided over by the Supreme Court bench circuit sitting in Bulawayo comprising Justices Elizabeth Gwaunza, Antonia Guvava and Paddington Garwe.
In her ruling she said: “The electoral petition filed by the petitioner in this case is fatally defective and is of no force and effect for want of compliance with (provisions) of the Electoral (Applications, Appeals and Petitions) Rules of 1995.
“It is not in dispute that the form of and content of the appellant’s petition did not conform to the format set out in Rule 21 (e) and (g). The rights arising out of elections, including the right to contest or challenge an election are not common law rights.
“Therefore, for deciding the assertion whether an election can be set aside on any alleged ground, the courts have to consult the provisions of the law governing a particular election.
“In that result we are satisfied that the trial was properly held in accordance with section 171 (1) and (3) of the Act and accordingly the appeal lacks merit and must fail.
“The applicant’s petition is hereby dismissed with costs and the respondent Roselene Nkomo be and is hereby declared duly elected member of the National Assembly for Tsholotsho North Constituency.”
He sought a recount of the votes citing numerous alleged anomalies in the process and subsequently filed a petition against the Zimbabwe Electoral Commission (ZEC) and Nkomo.
However, Bulawayo High Court judge Justice Martin Makonese sitting in the Electoral Court dismissed the petition on January 30 this year.