Moyo fight for Tsholotsho suffers another blow

Zanu PF politburo member Jonathan Moyo’s political fate hangs in the balance, as his attempt to force a recount in the Tsholotsho North elections might be stillborn.

Richard Muponde

The winning candidate, Roselene Nkomo, has taken up the matter with the Zimbabwe Electoral Commission (Zec) challenging Moyo’s intention as illegal.

The recount was due today, but it is unclear whether it will still go ahead after Nkomo’s lawyers wrote to Zec saying there was no justification for the move.

Nkomo, the wife of outgoing Minister of Water Resources Development and Management, Samuel Sipepa Nkomo, beat Moyo by slightly over 200 votes in last week’s poll. Moyo, however, appealed for a recount which Zec granted.

However, Nkomo’s lawyers, Phulu and Ncube Legal Practitioners, on Monday wrote to Zec chief elections officer Lovemore Sekeramayi challenging the electoral body’s directive for a recount, arguing it was unlawful.

“This notice comes as a surprise to our client, Roselene Nkomo, the MDC-T candidate for the constituency who won this seat when results were declared,” reads the letter.

“The notice does not state whether the recount is at the initiative of another candidate in terms of Section 67A (4) or it’s an initiative of Zec, Section 67A (4).

“The procedure set out in Section 67A (2) (4) has not been followed.”
They argued that Nkomo was not notified immediately about the request for the recounting according to the Electoral Law.

“Nor were they notified immediately of the specific number of votes believed to have been miscounted and how the miscount occurred and how they alleged miscount affected the elections,” the letter continues.

“Our client was not notified immediately of the time and date on which the complaint was received by the commission.

“Your commission has proceeded to order a recount in terms of such Section 3 (b) without concerning yourselves about sub-sections 2(a) (b) (c) and (3).

“In that regard, the commission reached the decision that there are reasonable grounds for believing that the alleged miscount of the votes occurred and that if it did, it affected the results without giving our client an opportunity to state its side of the story.

“This is clear violation of the audi alteram partem (hear the other side) rule.”

The lawyers said Nkomo feared that the ballot boxes could have been tampered with since she had not been guarding them.

“Surely with the allegations of electoral malpractices, our client has reasonable fears that the ballot boxes may have been tampered with,” the lawyers continue.

“In the result, our client is objecting to this recount in the strongest terms for lack of compliance with the procedure on the parts of Zec and also due to the high likelihood that these boxes have been tampered with.”

Contacted for comment yesterday, Zec deputy chairperson Joyce Kazembe said she had not seen Nkomo’s challenge.

“I have not seen the letter,” she said.“I also do not know if the recounting is going ahead.”

Moyo is one of a handful of high-profile Zanu PF candidates that fell by the wayside after they lost last week’s elections.
Moyo may have fallen on his own sword, as he was one of the most vocal people calling for the holding of elections, with or without reforms.

Zec had ordered a recount of Tsholotsho North and Mudzi South ballot papers, which was won by independent candidate Jonathan Samukange.
However, the electoral body has since reversed its order for the recount of Mudzi South ballot papers after Samukange challenged the decision.

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23 Comments

  1. It is sad that Zec has failed to act in an impartial manner in the way it has dealt with the just-ended general elections. Throughout Zec has been aquiescent to the demands of certain political parties but denying same to other parties. There will be no recount in Mudzi because a ZPF candidate won but not so in Tsholotsho North where an MDC-T candidate is the winner. Zec promptly granted the request by Jonathan Moyo for a recount. This is bad for our politics,hence Zimbabwe continues to lag behind the rest of Southern Africa,if not the region, in the conduct of free and fair elections. I urge both Mai Makarau and Mbuya Kazembe to be their own woman. To be subservient to the whims and demands of ZPF does nothing to enhance their integrity.

  2. MDC-T is advocating for a rerun of the elections sighting various irregularities,we hope thiers will also be granted

    ZEC has got to be carefull, they will set wrong precedences

  3. this election was waste of resources for the nation because its results were predetermined, the question is why go for an election when you want the status quo to remain, it was an exercise in futility

    1. What was the reason for the referendum when ZANU PF and MDC-T were campaigning for a “yes” vote? It can only happen in Zim.

  4. Sincerely patriotic

    Let them continue with selective application of the law

  5. THIS SHOWS BEYOND ANY DOUBT THAT ZEC IS AN APPENDAGE OF ZANY PF-WHAT GOES FOR MUDZI SHOULD ALSO GO FOR TSHOLOTSHO! CRY MY BELOVED COUNTRY.

    1. zec vs Tsvangison

      Tsvangirai, please tell the nation who appointed Zec Commissioners and staff. Teachers and other Civil Servants we also conducting the elections. Maybe they helped to rig the elections since you failed to honour your promises you made.

      1. teachers and civil servants did not print and bring the so-called mutative ballot paper, nor did they generate millions of fake reg slips. in fact most of them did not vote because they were posted out of their constituencies and wards. zvibate wazvinzwa

  6. let there be a free platform .a re count wil work ,even a rerun is super

  7. How could one expect favours and at the same time rebuking the systems in place? Your leader does that and cannot come up claiming for impartiality. Wake up and smell the coffee, MDC

    1. What coffee? Unoizivirepi coffee mupurwa zvake akaita sewe!!!

  8. Jonathan, please count your losses and wait to fight another day. ZANU PF thinks you and Chiyangwa are part of Baba Jukwa’s Vapanduki group and that is the reason why they subjected you to free competition unlike other ZANU Pf fellows whose results were rigged for them.

    1. @Nikuv mudede ndiwe chete, they where side lined coz yep yep too much, vese full of i know maningi!

  9. CALL IT SELECTIVE JUSTICE. THE WHOLE COUNTRY MAY NEED A RECOUNT. JUST LIKE PEOPLE ARE SAYING MORGAN MUST ACCEPT THE OUTCOME OF JULY 31, SO MUST THE NUTTY PROFESSOR.

    HE STRATEGISE FOR OTHERS YET HE FAILED TO STRATEGISE FOR HIMSELF. JONA GO TO THE DUSTBINS OF HISTORY. ASK ZPF TO MAKE YOU A POLITICAL COMMISSAR AND YOU CAN USE THAT PLATFORM TO PONTIFICATE YOUR RUBBISH.

  10. count me in!typing….

  11. Zanu PF claims elections were not rigged, right. When one reads all the bases and facts raised by both candidates challenging election results in Mudzi and Tsholotsho will have an answer beyond reasonable doubt that the whole election process was a farce. The elections were rigged. In Tsholotsho JM alleges that some ballot papers were taken to Tsholotsho South. Why? It simply means this happened the country over. Zvinonakira mbudzi kutunga imbwa, kana imbwa yodzorera vanhu moti pfutseki pfutseki

  12. Wakakaura Jonho uribenzi rekupedzisira

  13. Jono vakakukaurisa vamwe vako, waifunga kuti wakangwara. Hona vamwe vakabetserwa iwe ndokusiiwa pachena. Mwari nhai.

  14. Jona appreciate like I do that all elections in Zimbabwe are an advance auction sale of stolen goods. U will easy the pressure on yourself.

  15. The end of Jonathan’s political career has started. After helping Zanu PF “win” the elections he is no longer useful to the party particularly being the notorious political chameleon he is. He can howl, bark or scream but no one in or outside Zanu PF will listen.

  16. A rocket scientist will always find something to do or have something thrown onto his lap. Watch this space!

  17. Bere rinofara kana richikweva rimwe asi kana rokwehwa roti mavara angu ozaravhu. J. M your numbered days are over, the pain you may feel is also the same pain Tsvangirai s feeling.

  18. flip flopper? yes. at one time he tried to be a king maker and fell flat on his face.the hills have ears as well as the walls do not forget.

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