adminHarare Bureau
LAWYER Mr Jonathan Samukange who was declared the legitimate winner of the Mudzi South National Assembly constituency, has challenged the decision by the Zimbabwe Electoral Commission to conduct a recount of the ballots. Zec on Saturday ordered a recount in Mudzi South following complaints by the losing candidate Cde Eric Navaya that his agents were sent outside the polling station during the counting process.
The order was made in terms of Section 67 A of the Electoral Act and recounting was set for Tuesday at Makaha Primary School.
Cde Navaya alleged that the presiding officer at Kanyoka polling station moved the ballot boxes to the command centre without the company of polling agents and that the transportation of boxes was delayed.
He also indicated that his agent at Chikwizo Primary School was assaulted by another agent inside the polling station.
Mr Samukange, who contested as an independent candidate in last Wednesday’s election, argued that there was no basis for the recount and he gave Zec up to 10am today to revoke the order.
In a letter delivered to Zec chairperson Justice Rita Makarau yesterday, Mr Samukange argued that Zec had acted unlawfully in ordering the recount.
He argued that the law required Zec to first notify all political parties and individuals who participated in the election before ordering a recount, which he said was not done.
“The commission did not comply with the provisions of Section 67A (3) (a) of the Electoral Act (Chapter 2.13), which provides for notification to all political parties and candidates that contested the election of the nature of the request,” said Mr Samkange.
“This has not been done by yourselves to date.”
Mr Samukange argued that Section 67A of the Act relied upon by Zec in ordering the recount was only applicable in situations where a miscounting was alleged and that Cde Navaya was actually alleging vote rigging.
“At any rate, the request by Mr Eric Navaya does not comply with the provisions of Section 67A(2) of the Electoral Act,” he said.
“It does not allege miscounting of the votes. It does not specify the number of votes believed to have been miscounted and further it does not state how the results of the election may have been affected by the alleged misconduct.”
Mr Samukange argued that Zec, in granting the request by Cde Navaya, ignored Section 70 of the Act, which bars anyone from opening sealed ballot boxes without a court order.
“The commission has ignored the provisions of Section 70 of the Electoral Act, which relates to custody and disposal of ballot and other papers,” he said.
“The ballot boxes were sealed on the 31st of July and the 1st of August and we have it on record that you do not have a court order authorising opening of the sealed ballot boxes.
“A recount, therefore, would be in daylight disregard of the law.
“Section 70 has not been complied with. A recount would necessitate a reopening or tempering with the seals of the ballot boxes which will be unlawful and illegal in the absence of a court order.”
Zec on Saturday ordered a recount in Mudzi South as well as Tsholotsho North where Professor Jonathan Moyo lost to MDC-T’s Rosemary Sipepa Nkomo.
Online Reporter