Court defers ruling on Nduna's Chegutu West win

Court defers ruling on Nduna's Chegutu West win
Published: 19 September 2018 (283 Views)
The verdict in the Electoral Court challenge to newly-sworn-in legislator Dexter Nduna (Zanu-PF) accused by MDC Alliance rival Gift Konjana of stealing the Chegutu West National Assembly seat was postponed to Monday.

The Zimbabwe Electoral Commission (Zec) had initially announced Nduna as the winner with 10 932 votes, and Konjana with 10 828 votes. Konjana challenged the result, claiming the electoral body mixed up the figures.

While Zec reportedly admitted to have made an error, the electoral body advised Konjana that the results could only be overturned by the Electoral Court.

This prompted Konjana to file a petition with the Electoral Court in Harare seeking the nullification of Nduna's declaration, adding a tabulation error occurred and prejudiced him of 120 votes that had been erroneously awarded to one Simon Kache of UCADPGPZ.

Following claims by Konjana, the Electoral Court had set Monday as the date to pass judgment.

Magistrate Mary Zimba-Dube who presided over the matter postponed the ruling to next Monday to allow the parties to bring more evidence.

Nduna, in his heads of argument maintains that the Electoral Court does not have the jurisdictional ability to nullify a declaration made by the electoral body and thereafter pronounce an alternative winner.

He also claims that Zec and Konjana worked hand in glove to forge signatures of polling agents as they played around with figures allegedly to ensure Konjana is declared the winner.

A case of fraud has since been filed with the police against Kundai Goremusandu, who was a presiding officer at one polling station in the constituency, according to Nduna.

"The relief the petitioner (Konjana) seeks is irregular in that it is not contemplated by statute. Firstly, the petitioner predicates his cause on section 66 (4) (a) of the Electoral Act. Under such provision the Electoral Court only has power to 'set aside' a declaration and go no further.

"Under this provision the said court cannot 'nullify' a declaration and thereafter pronounce an alternative winner as prayed for by the petitioner. This is incompetent relief," Nduna argued.

"In terms of section 66 (4) (c) as read with section 67A of the Electoral Act, this court only has power to declare another candidate the winner of an election after a recount of votes. The petitioner is therefore asking the court to exercise powers beyond the jurisdictional ability of the statutory provision he seeks to rely on. An exercise of power beyond the jurisdictional ability of a court is irregular and void ad initio…."

Besides the jurisdictional ability of the Electoral Court, Nduna further said Konjana's petition was afflicted with a myriad of procedural irregularities and therefore urged the court to dismiss it.

"As better explained herein below, the noncompliance with the rules and the strict dicta of statute is fatal to the proceedings and should actuate the dismissal of the petition," he said.

"Put plainly, this matter must turn on a question of law rather than the facts, which if carefully considered, would still not substantiate the petitioner's prayer."

Nduna argued the present petition is strange.

"In the draft order the petitioner then seeks to impugn a declaration made by a constituency election officer, who is not named. In fact, the draft order doesn't even state the date when the declaration was made . . . the present petition does violence to this rule by describing an incomplete prayer on the face of the petition and then alluding to differently wondered relief in the draft order," he said.


- dailynews

Tags: Chegutu, Nduna, Win,
 0

You May Like These Videos

Comments

There are no comments.

Latest stories

Govt Suspends Restrictions On Importing Goods

by Staff Reporter | 23 October 2018 | 35 Views

Mnangagwa appoints Civil Service Commission

by Staff Reporter | 23 October 2018 | 36 Views

The day Chamisa wanted to overthrow the Government

by Elijah Chihota | 23 October 2018 | 38 Views

How then did Mthuli Ncube hire such a shady character?

by Staff reporter | 23 October 2018 | 36 Views

WATCH: Lumumba explains why he got fired - Live

by Staff Reporter | 23 October 2018 | 48 Views

Mthuli Ncube's 2% tax still illegal

by Veritas | 23 October 2018 | 32 Views

Chamisa now willing to engage Mnangagwa

by Staff reporter | 23 October 2018 | 192 Views

'Soldiers fired randomly on August 1'

by Staff reporter | 23 October 2018 | 119 Views

Zimbabwe to cut company registration period to within 6 hours

by Staff reporter | 23 October 2018 | 102 Views

Chamisa statement on the prevailing economic, political and humanitarian situation

by Adv. Nelson Chamisa MDC President | 23 October 2018 | 155 Views

Cops scramble for cooking oil

by Simbarashe Sithole | 23 October 2018 | 124 Views

Mnangagwa flies out to Zambia

by Staff reporter | 23 October 2018 | 114 Views

Chigowe denies refs favour Dembare

by Staff reporter | 23 October 2018 | 77 Views

Emergency recovery measures to stop Zimbabwe economic free-fall

by Dr Tapiwa Mashakada | 23 October 2018 | 139 Views

Chamisa demands 2% tax refunds

by Staff reporter | 23 October 2018 | 147 Views

Zanu-PF chefs fail to pay workers

by Staff reporter | 23 October 2018 | 114 Views

Chamisa's youths to avenge vendor's death

by Staff reporter | 23 October 2018 | 117 Views

Zimbabwe motorists sleep in fuel queues

by Staff reporter | 23 October 2018 | 80 Views

Police pounce on Kadoma Forex dealers

by Stephen Jakes | 23 October 2018 | 134 Views

Dogs maul boy at Beitbridge border post - WhatsApp update

by Concerned Citizen | 23 October 2018 | 97 Views

Indosakusa leaves injiva in stitches

by Future Moyo aka Jamelah | 23 October 2018 | 78 Views

Kombis spend more time in queues these days

by Stephen Jakes | 23 October 2018 | 81 Views

How to find a safe and reliable online casino

by Staff Reporter | 23 October 2018 | 86 Views

Learning Factory: studying History and modern technology in Zimbabwe

by Brian Maregedze | 23 October 2018 | 77 Views

Mugabe's son-in-law appears in court, gets US$30 bail

by Staff Reporter | 23 October 2018 | 132 Views

NSSA reviews retirement grants

by Staff reporter | 23 October 2018 | 105 Views

Zimbabwe teachers to boycott Zanu-PF businesses

by Staff reporter | 23 October 2018 | 87 Views

Mthuli Ncube on a trajectory of vendettas?

by The Banker | 23 October 2018 | 337 Views

Chiyangwa demands respect he doesn't deserve

by Staff reporter | 23 October 2018 | 187 Views

Mnangagwa's Politburo, Central Committee to meet

by Staff reporter | 23 October 2018 | 215 Views

Mines Permanent Secretary in 'baptism of fire'

by Staff reporter | 23 October 2018 | 141 Views

Bid to block Mthuli Ncube's 2% tax hits brick wall

by Staff reporter | 23 October 2018 | 133 Views

Operation Restore Legacy hits RBZ

by Staff reporter | 23 October 2018 | 194 Views

Acie Lumumba fired?

by Staff reporter | 23 October 2018 | 230 Views

Vandalism, theft cost Zesa $20million

by Staff reporter | 23 October 2018 | 99 Views