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Daniel Nemukuyu Senior Court Reporter
THE Electoral Court has confirmed Zanu-PF’s victory in Chikomba Central Constituency in a case in which an independent losing candidate Mr Ngonidzashe Chandiwana was challenging the poll result.
Justice Samuel Kudya on Wednesday threw out Mr Chandiwana’s election petition and declared Cde Tapiwa Felix Mhona (Zanu-PF) as the legitimate National Assembly member for the constituency.
Cde Mhona won the election on July 30 this year, defeating five other contestants, including Mr Chandiwana.
Unhappy with the outcome, Mr Chandiwana filed a petition at the Electoral Court citing electoral malpractices, intimidation of voters and violence.
After hearing arguments from the parties involved, Justice Kudya last week dismissed the petition with costs.
Justice Kudya ruled that the petition filed was defective.
“Accordingly, it is ordered that: 1.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 Rule 21 (f) and (g) of the Electoral (Application, Appeals and Petitions) Rules, 1995.
- The petition is hereby dismissed.
- The respondent Tapiwa Felix Mhona be and is hereby declared duly elected member of the National Assembly for the Chikomba Central Constituency in accordance with the declaration of July 31 2018.
- The petitioner shall bear the respondent’s costs.”
Justice Kudya said the petitioner did not comply with the rules of the court.
The petitioner relied on corrupt or illegal practices but did not state the full names and addresses of the perpetrators, in violation of Rule 21 (f) of the Electoral Court.
The court also found that the exact relief sought was not clearly stated as required under Rule 21(g).
“It is common cause that neither the names of the perpetrators of the alleged electoral malpractices nor the exact relief sought by the petitioner were set out on the face of the petition.
“Such failure is fatal to the petition,” reads the judgment.
Online Reporter