from MARCUS MUSHONGA in Harare
HARARE, (CAJ News) – THE Constitutional Court in Zimbabwe is presiding over an appeal arising from the contentious parliamentary elections held in 2018.
Opposition Movement for Democratic Change Alliance (MDC-A) member, Gift Konjana has filed an application against the declaration by the Zimbabwe Electoral Commission (ZEC) of the Zimbabwe African National Union-Patriotic Front (ZANU-PF’s) Dexter Nduna as the winner of the Chegutu West constituency.
Konjana argues the Electoral Court Judge Justice Mary Zimba-Dube had erred and misdirected herself on 18 October 2018 when she rejected his election petition on the grounds that it was fatally defective.
In the Electoral Court, Konjana had argued that ZEC officials had made a mistake by swapping his 121 votes in one of the wards in Chegutu West constituency with those of another candidate Simon Kache, who had gotten just one vote.
The ZEC officials confirmed that if the mistakes were corrected, Konjana should have been declared the duly elected legislator as he had in fact garnered 10 949 votes compared to Nduna’s 10 932.
However, Supreme Court Judges of Appeals Justice Bharat Patel and Justice Chinembiri Bhunu removed Konjana’s appeal from the court roll after ruling that he had failed to comply with the law which required him to have the election petition to be heard within the prescribed three months period.
Konjana, who is represented by the Zimbabwe Lawyers for Human Rights, has now petitioned the Constitutional Court seeking an order granting him leave to appeal to the apex court against the decision of the Supreme Court.
He wants the Constitutional Court to grant him leave to appeal and to be granted leave to file a notice of appeal within ten days.
Controversy marred Zimbabwe’s 2018 elections.
The MDC claimed vote rigging in favour of eventual presidential poll winner, Emmerson Mnangagwa.
Troops shot dead six people protesting the outcome.
– CAJ News