Judgment reserved in Timba case

Daniel Nemukuyu Senior Reporter
The Electoral Court has reserved judgment on an application by MDC-T official Mr Jameson Timba in which he is seeking to compel the electoral commission to allow him access to sealed ballot boxes and to inspect the election material. Mr Timba, who cited numerous irregularities in the conduct of the poll, wants access to the records to prove that the election results were manipulated. Among a cocktail of irregularities he listed in his application is the varying constituency results announced by the Zimbabwe Electoral Commission, as well as the voters’ roll.

Justice Joseph Mafusire yesterday deferred the ruling after hearing arguments from Mr Timba and lawyers for the ZEC.
Advocate Thabani Mpofu acted for Mr Timba while Mr Tawanda Kanengoni and Mr Charles Nyika represented the commission in the chamber application.

Mr Timba lost the Mount Pleasant National Assembly seat to Zanu-PF’s Cde Jason Passade. He also wants to invalidate the victory of Cde Passade on the basis that ZEC issued conflicting results for Mt Pleasant.

In submissions filed at the Electoral Court, ZEC lawyer Mr Tawanda Kanengoni argues that the production or opening of sealed ballot boxes could only be done for the purposes of instituting or maintaining a criminal prosecution, or for the purpose of a petition questioning an election or return.

Mr Timba argues that at the constituency centre, ZEC allegedly announced 18 092 valid votes were cast, then at the national command centre, announced that only 12 165 valid votes were cast. He wants an authority to open and examine electoral records on an urgent basis. However, ZEC argues that the simple interpretation is that there must be in existence an election petition questioning an election or return, before one can seek to question an election or return.

ZEC further argues legislative provisions clearly spell out that the materials sought to be accessed could only be done so through a court order and such must be the preserve of persons who have shown seriousness in pursuing their challenges to any election by filing an electoral petition first.