Prof Moyo suffers blow

THE Supreme Court yesterday dismissed with costs an appeal by Media, Information and Broadcasting Services minister Jonathan Moyo against a High Court ruling setting aside his petition seeking the nullification of the July 31 2013 Tsholotsho North National Assembly election result.

SILAS NKALA
STAFF REPORTER

Moyo lost the poll to Roselyn Nkomo of the MDC-T, but he rejected the outcome citing alleged irregularities.

Judge Justice Elizabeth Gwaunza yesterday delivered the verdict on behalf of judges of appeal Justices Antonia Guvava and Paddington Garwe.

She said the appeal had been dismissed with costs and reasons would be made available later.

Justices Gwaunza, Guvava and Garwe heard the appeal during a Supreme Court circuit sitting in Bulawayo on Monday.

The tossing out of Moyo’s appeal by the Supreme Court probably brings an end to his challenge on Nkomo’s victory as his only other option now is the Constitutional Court.

Moyo’s court losses started at the beginning of the year when Bulawayo High Court judge Justice Martin Makonese sitting in the Electoral Court dismissed his petition on January 30.

Moyo, through his lawyer Terrence Hussein, then filed an appeal against the ruling in the Supreme Court.

In his heads of argument on Monday, Moyo’s lawyer said the petition had been unfairly dismissed without a trail.

He said the petition should only have been dismissed at the conclusion of trial in terms of Section 171 (3) of the Act.

Hussein submitted that the court erred at law in finding that the form of petition adopted by Moyo was not in compliance with the Electoral Act and regulations.

He said Moyo wanted the matter referred back to the Electoral Court before a different judge.

Nkomo was represented by MDC-Renewal team leader Tendai Biti, who opposed the application saying it should be dismissed with costs.
Biti said Moyo’s appeal was dismissed by the High Court after a trial.

Moyo’s petition had a technicality in that most of his reasons for petitioning were included in his founding affidavit in which Nkomo challenged that an affidavit was not an application, but a supporting document.

Moyo lodged a complaint with the Zimbabwe Electoral Commission soon after election results were announced in August last year.

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