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Daniel Nemukuyu Senior Court Reporter
The Electoral Court in Bulawayo yesterday reserved ruling in the petition filed by losing MDC-T National Assembly candidate for Kwekwe Central Blessing Chebundo in which he is contesting the victory of Zanu-PF’s Cde Masango Matambanadzo.
Justice Andrew Mutema reserved ruling on the main petition and two interlocutory applications by Cde Matambanadzo who filed an application to rescind the earlier court ruling declaring the seat vacant and at the same time he was seeking stay of execution of that same ruling.
Advocate Fred Gijima, who was representing Cde Matambanadzo, raised preliminary points in the main case arguing that the petition was defective and that it should be dismissed.
He argued that Mr Chebundo failed to serve the petition on his client within the 10-day period prescribed by law and that it must fail on that basis.
It was also argued that Mr Chebundo failed to comply with Rule 21 of the Electoral Court which requires a petitioner to state the specific details of his or her case.
“He did not provide a date which the election was held and he also failed to state the date which the result was announced,” said Adv Gijima.
“Chebundo, in his petition, did not state the exact relief that he was seeking from the court.”
Adv Gijima argued before the judge that Section 182 of the Electoral Act states that a petition of that nature should be determined within six months of the date of presentation and that the period expired on February 28.
He argued that Mr Chebundo should have taken steps to ensure the case was heard before February 28, but he failed to do so.
On that basis, Adv Gijima argued that there was no longer any petition before the Electoral Court.
But Mr Chebundo’s lawyers argued that the petition was served within the permissible time.
They also argued that the Electoral Court rules of 1995 were now obsolete and no longer applicable in the current case, hence the High Court rules should apply.
It was also argued that Cde Matambanadzo should have filed his notice of opposition within 10 days of being served with the petition, which Adv Gijima opposed.
Justice Mutema is expected to rule on the three applications at once anytime from now.
In the main petition, Mr Chebundo’s lawyers cited irregularities in the voters’ roll and other “untoward” practices.
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