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Leonard Ncube Court Reporter
MDC-T chairman and former Speaker of Parliament Lovemore Moyo has conceded defeat in the Matobo North National Assembly seat, which he lost to Zanu-PF’s Cde Never Khanye in last year’s harmonised elections.The matter was meant for determination at the Bulawayo High Court on Monday but it emerged Moyo had filed a notice of withdrawal on Friday – meaning the case has been put to rest.
Justice Martin Makonese confirmed Moyo’s withdrawal notice in his chambers. Coming out of Justice Makonese’s chambers, Cde Khanye’s lawyer Mlamuli Ncube, of Cheda and Partners however, said he had not been served with the notice of withdrawal.
There were no reasons for the withdrawal.
In his last appearance last month, Moyo told the court that he had been dumped by his lawyer Kucaca Phulu and needed time to engage services of another legal representative.
The MDC-T chairman, who polled 5,219 votes to Cde Khanye’s 5,300 votes in the July 31 harmonised elections, did not come to court on Monday.
Cde Khanye did not turn up as well. It could not be established whether Moyo’s decision to withdraw the matter was based on failure to secure legal representation, as Justice Nokuthula Moyo in December last year had told him that no further postponement would be entertained.
Justice Moyo had cited provisions of statutes pertaining to petitions, quoting Section 182 of the Electoral Act, which specifies that a petition must be dealt with within six months.
The former legislator filed a petition with the Electoral Court on August 15, 2013, in terms of Section 167 of the Electoral Act, Chapter 2:13 challenging the poll outcome.
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