Modi wins poll challenge case

Bulawayo Bureau
THE High Court has dismissed a petition by losing MDC-Alliance candidate for Bulawayo South Mr Muvirimi Francis Mangwendeza, who was challenging Zanu-PF candidate Mr Rajesh Kumara Indukant Modi’s victory in last year’s harmonised elections.

In his petition filed at the Bulawayo High Court citing Cde Modi and the Zimbabwe Electoral Commission (ZEC) as respondents, Mr Mangwendeza alleged that the polls were tainted with irregularities.

Mr Mangwendeza, through his lawyers Ncube Attorneys, sought an order nullifying the results of the July 30 harmonised elections for the Bulawayo South seat.

He wanted the seat to be declared vacant.

Bulawayo High Court judge Justice Thompson Mabhikwa ruled that the petition lacked merit and failed to meet the required legal standards. “In casu, a reading of the petition gives an impression that the petitioner did not have a chief elections agent or polling agent. There is no mention of their role, observations or any complaints received or made by them on the alleged irregularities,” he said.

In dismissing the petition, Justice Mabhikwa said Mr Mangwendeza failed to prove to the court the alleged malpractices and irregularities which he claimed affected the outcome of the election.

“No cogent explanation has been given as to why the first respondent (Mr Modi) should be so punished. Accordingly, it is ordered that the petition is dismissed with costs on ordinary scale. The election result for the National Assembly seat for Bulawayo South Constituency pronouncing the first respondent as duly elected winner, stands,” ruled Justice Mabhikwa.

Mr Mangwendeza contested with several other candidates from other political parties as well as independent candidates.

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