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Court Reporters
THE Electoral Court will next week hear the election petition of MDC-T Mt Pleasant House of Assembly losing candidate Jameson Timba in which he is seeking to quash the victory of Zanu-PF’s candidate Cde Jason Passade. Justice Chinembiri Bhunu referred the petition to trial following the court’s ruling that some of the complaints raised by Mr Timba were sensible.
Mr Timba is seeking to set aside Cde Passade’s victory and restart the process.
He filed his petition at the Electoral Court in August seeking an order to open ballot boxes for Mt Pleasant, citing electoral irregularities, which he blamed for his defeat.
It was the court’s view that Mr Timba should be given a chance to prove his claims after it ruled that his claim “establishes a valid cause of action with the potential of rendering an undue return if proven”.
Meanwhile, the Constitutional Court has indefinitely deferred hearing the matter in which businessman Mr Frederick Mtandah is seeking permanent stay of prosecution on charges of breaching the Exchange Control Act.
Mtandah, who is Caps Holdings chairman and FCA Motors director, is alleged to have instructed his alleged accomplice, Justin Majaka, to apply to the Medicines Control Authority of Zimbabwe for a change of principal for 50 drug formulae (dossiers) from Rallies Harare to Caps International, Johannesburg, in August 2011.
Chief Justice Godfrey Chidyausiku yesterday postponed the case indefinitely to allow preparation and filing of a record of proceedings to clear the air on contentious issues.
It is alleged that in October 2011, MCAZ registered the 50 dossiers with Caps International, Johannesburg, as the new principal and owners, the effect of which changed ownership of the drug formulae from Zimbabwe to South Africa.
The exportation of the drug formulae, which are classified under intellectual property rights or patents, had no approval from the exchange control, the Reserve Bank of Zimbabwe, it is alleged.
Mtandah claims he filed an application for his matter to be referred to the Constitutional Court but regional magistrate Mr Noel Mupeiwa did not make a ruling on the request, prompting him to directly approach the Constitutional Court.
Yesterday, Mtandah’s lawyers argued that his client filed the application for referral of the case from the magistrate to the Constitutional Court; while Mr Mupeiwa’s affidavit states that there was never any application for referral of the case.
Chief Justice Godfrey Chidyausiku yesterday postponed the case indefinitely to allow preparation and filing of a record of proceedings to clear the air on contentious issues.
Online Reporter