MDC Alliance losing candidate takes Zec to court

MDC-T Manicaland provincial chairperson David Chimhini is this week set to file an application at the High Court seeking an order to compel the Zimbabwe Electoral Commission (Zec) to conduct a ballot recount in Mutasa North constituency, where he lost to Zanu PF’s Chido Madiwa by almost 300 votes.

BY KENNETH NYANGANI

MDC-T Manicaland chairperson David Chimhini

This was after Zec turned down his request for a recount in eight polling stations.

This came after Masvingo High Court judge Justice Garainesu Mawadze dismissed with costs Chimhini’s urgent chamber application for a recount of votes in the constituency.

Chimhini had sought the court’s intervention to compel Zec to recount votes in eight polling stations in the constituency after losing by 287 votes.

NewsDay is in possession of Zec’s letter signed by acting chief elections officer Utoile Silaigwana dated August 7, 2018, in which the commission turned down the request.

“We regret to advise that your request has been declined, owing to the fact that there are no reasonable grounds cited for a recount to be granted,” Silaigwana wrote.

“The absence of the election agents at the opening and closing of ballot boxes does not stop the electoral process and we refer you to provisions of section 84 of the Electoral Act chapter (2:13).”

Chimhini’s lawyer, Passmore Nyakureba accused Zec of not responding to issues they raised in their letter.

“Our client’s instructions are that we proceed to file an application for review in the High Court against the decision by the Zimbabwe Electoral Commission refusing our client the right to a recount,” he said.

“Our client believes that the reasons given by Zec in their letter are not reasonable and both substantively and procedurally fair. The things Zec responded to are not the issues our client placed before them.”


Leave a Reply

Your email address will not be published.