LOSING Zanu PF candidate for Tsholotsho North constituency, Jonathan Moyo, risks being charged for contempt of court after he described a ruling by judge Justice Lawrence Kamocha, who dismissed his recount petition, as a wrongful denial of a recount.
REPORT BY SILAS NKALA
In her opposing affidavit filed on Friday, the winning candidate, Roselyn Nkomo of the MDC-T, said Moyo’s appeal for a new election within 60 days, should be dismissed, as there was no evidence to warrant the setting aside of her electoral victory.
Nkomo submitted that Moyo’s petition papers were replete with material defects such as to render the petition seriously flawed, hence she prayed that the petition be dismissed.
“Rules of the court and the (Electoral) Act require the petitioner to clearly spell out the grounds upon which he relies to bring the petition,” she submitted.
“The petitioner has failed dismally in doing so, as he only sought to defer the explicit requirement to the affidavit he has filed.
“I submit that this requirement does not allow such a course of action.”
Nkomo said Moyo failed to outline the relief he sought and he only wanted to bring the issue of recount, which she says cannot be raised as grounds for the petition.
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She said it was obvious that Moyo filed the petition just because he had lost the election.
Nkomo also submitted that the court must reject the abuse of its process by Moyo, as he is not a special person and he must abide by the law.
“The petitioner has to be advised that he has to be careful how he couches his case least he fall foul of the contempt laws of the country,” she submitted.
“The recount was stopped at this honourable court by an order of Justice Kamocha. The order was lawfully sought and lawfully granted.”
In his petition Moyo had indicated that many voters were turned away and cited a flawed voters’ roll, while some voted using slips while they were unregistered, an issue which Nkomo said was national and cannot be the basis of setting aside the outcome of the election.
He also said he was not properly served with the papers of application for review which Nkomo filed against him.
Moyo challenged the result and demanded a recount, alleging numerous irregularities in the way the process had been handled by the Zimbabwe Electoral Commission (ZEC). ZEC ordered a recount, but the decision was quashed by Justice Kamocha following an application for review by Nkomo.
In his petition for the nullification of the results and a re-run of the election. Moyo said ZEC’s decision to declare Nkomo the winner was “improper and irregular”.
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