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Court Reporter
THE Electoral Court in Bulawayo will this afternoon decide the case of the recount in the Tsholotsho North National Assembly Constituency requested by Zanu-PF candidate Professor Jonathan Moyo. Justice Lawrence Kamocha on Tuesday evening granted an interdict order following an urgent chamber application by the winning candidate, MDC-T’s Mrs Roselene Sipepa Nkomo who challenged the Zimbabwe Electoral Commission (Zec)’s decision to conduct the vote recount.
Justice Kamocha 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 without an order to such effect by the Electoral Court.
“Pending finalisation of the application for review undercover of Case Number EC25/13, Zec and its officials, functionaries, employees, agents or assignees be and are hereby interdicted from conducting a vote recount of Tsholotsho North Constituency,” said Justice Kamocha.
Mrs Sipepa Nkomo was declared the winner following a narrow win over Prof Moyo who argues that presiding officers in Ward 3 and another ward handled the election process in an unclear and suspicious manner warranting a recount.
Through her lawyer, Mr Kucaca Phulu of Phulu and Ncube Legal Practitioners, Mrs Sipepa Nkomo, filed the urgent chamber application at the Electoral Court on Tuesday afternoon seeking to bar the recount.
She had initially made an application for a review of Zec’s decision Case Number EC 25/13 to order a recount and filed the chamber application to beat yesterday’s date which had been set for the recount by Zec.
However, the application for review has been set for hearing today at 3pm when Justice Kamocha would make known whether a recount is warranted or not.
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.
In the application for review, done in terms of Section 161(1)(b) of the Electoral Act, Chapter 2:13, Mrs Sipepa Nkomo’s grounds of review are that Zec made the decision in a manner that was not transparent, unreasonable and ultra vires.
She therefore seeks a court order setting aside the recount on the basis that the decision was not ordered by the Electoral Court in terms of Section 70(4) of the same Act, adding that the decision exhibited bias.
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.
In respect of the Mudzi South Constituency, Zec revoked its decision after prominent lawyer, Mr Jonathan Samukange, who won the seat as an independent, successfully objected to it.
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