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Daniel Nemukuyu Senior Reporter
The High Court has thrown out an application by a losing MDC-T National Assembly candidate in Masvingo West in which he sought to bar Chiefs’ Council president Chief Fortune Charumbira from addressing political gatherings and allegedly threatening the opposition party’s supporters.Mr Takanayi Mureyi, who lost the Masvingo West seat to Zanu-PF’s Cde Ezira Ruvai in the July 31 harmonised elections, blames his defeat on Chief Charumbira, whom he accused of intimidating people to vote for Zanu-PF.
He has also filed a petition challenging the election and its outcome and was among the 39 candidates whose US$10 000 security for costs fees were paid by MDC-T last Friday.
Mr Mureyi is challenging the election on the basis that the traditional leaders, including Chief Charumbira, were intimidating voters, among other grounds.
He contends that even after he filed the petition, Chief Charumbira continued addressing rallies and denouncing MDC-T, which he says would seriously prejudice him in the event that his petition succeeded.
Justice November Mtshiya yesterday dismissed the application on three preliminary points without hearing the merits of the matter.
Harare lawyer Mr Jonathan Samukange acted for Chief Charumbira, while Mr Gift Mtisi of Musendekwa-Mtisi was representing Mr Mureyi.
Mr Mureyi wanted the court to interdict Chief Charumbira whom he accused of coercing his subjects to attend political gatherings.
He also accused the chief of threatening his subjects with eviction and death if they voted for MDC-T.
The parties got into Justice Mtshiya’s chambers where the matter was dismissed on preliminary points.
After the hearing, Mr Samukange briefed journalists on the outcome.
“The judge has dismissed the application on preliminary points,” he said.
“Firstly, the judge questioned how he could interdict a chief from addressing his subjects.
“The court also found that the applicant had approached the wrong court. Instead, he should have gone to the Electoral Court and not the High Court.
“It was also held that the applicant had other remedies at his disposal and that he could simply make a police report on the issue. It was also indicated that the applicant was simply trying to pre-determine his pending petition.”
Mr Mtisi also confirmed the dismissal of the case.
“The application has been dismissed,” he said.
“Basically, the court found that there were other remedies available like that of reporting the case to the police.”
In an urgent chamber application filed at the High Court by Musendekwa-Mutisi law firm last week, Mr Mureyi argued that he had since filed a petition that should be heard and determined within six months from the date of its filing.
He argued that if Chief Charumbira was not interdicted from conducting some meetings and denouncing him and MDC-T, the petition will be rendered academic.
Mr Mureyi said chiefs should be apolitical and that they should not meddle in politics.
“I am advised by my legal practitioners of record and such advice I accept, that the office of the chief is an apolitical office and chiefs are primarily there to promote unity and social cohesion not to be an extension of any political party or candidate,” he said.
“In this context, the actions by the respondent to force-march villagers to meetings and denouncing me are illegal and should be stopped as a matter of urgency.
“In the event of the Electoral Court ordering a re-run of the July 31 2013 National Assembly election, the applicant will still be unable to get justice if the respondent is not stopped from his political mischief as the same contained in the electoral petition will still stand unresolved.”
Online Reporter