Court dismisses Prof Moyo’s request for votes recount

Court Reporter
THE Electoral Court sitting in Bulawayo yesterday set aside the request by Zanu-PF losing candidate for the Tsholotsho North Constituency Professor Jonathan Moyo for a recount of votes. Delivering judgment on the application for a review done in terms of Section 161(1)(b) of the Electoral Act Chapter 2:13 by MDC-T’s Mrs Roseline Sipepa Nkomo, Justice Lawrence Kamocha said the decision to have a recount was unlawful.

“The second respondent’s decision to undertake a vote recount of Tsholotsho North Constituency be and is hereby set aside on the basis that the Zimbabwe Electoral Commission (Zec)’s decision is ultra vires in terms of the provisions of Section 67A of the Electoral Act. The decision is in violation of Section 70(4) of the Electoral Act, Chapter 2:13 and therefore unlawful,” said Justice Kamocha.

Mrs Sipepa Nkomo was declared the winner of the constituency narrowly beating Prof Moyo who challenged the outcome arguing that presiding officers in Ward 3 and another ward handled the election process in an unclear and suspicious manner warranting a recount.

Zec had on Saturday ordered a recount in two constituencies, Tsholotsho North and Mudzi South following complaints by the two losing Zanu-PF candidates, Prof Moyo and Cde Eric Navaya.

The order was made in terms of Section 67 A of the Electoral Act.
Through her lawyer, Mr Kucaca Phulu of Phulu and Ncube Legal Practitioners, Mrs Sipepa Nkomo filed an application for review at the Electoral Court in terms of Section 161(1)(b) of the Electoral Act seeking to bar the recount. Prof Moyo, cited as the 3rd respondent, Zec chairperson Justice Rita Makarau, Zec, Ms Sethulo

Ndebele (MDC) and Absalom Dube (Zapu) cited as 1st, 2nd, 4th and 5th respondents respectively did not file opposing papers.
Justice Makarau wrote to the court on behalf of the electoral body advising that it was not opposed to the application.

The provisional order which Justice Kamocha had granted on Tuesday evening after Mrs Sipepa Nkomo’s urgent chamber application permanently interdicted Zec and its officials, functionaries, employees, agents or assignees from conducting a vote recount pending the finalisation of the application for review of Zec’s decision by the Electoral Court.

Yesterday’s ruling means that there will be no recount of the ballots for Tsholotsho North constituency.