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ConCourt dismisses delimitation challenge

Local News
Chief Justice Luke Malaba chaired the proceedings.

THE Constitutional Court (ConCourt) full bench yesterday dismissed an application by  Zanu PF member Tonderai Chidawa challenging the Zimbabwe Electoral Commission (Zec)’s delimitation report citing irregularities. 

Chief Justice Luke Malaba chaired the proceedings.  The bench said full reasons of the judgment would follow.

“It is ordered that this application be and is hereby dismissed with no order as to costs.  The reasons of the full judgment will follow. No cause of action has been pleaded against the respondent,” the order read.

Chidawu, who was being represented by constitutional lawyer Lovemore Madhuku, wanted the delimitation exercise redone.

In the court papers, Chidawu cited Parliament of Zimbabwe as the respondent, accusing the legislature of failing to set aside the delimitation report and initiate investigations into it.

The delimitation report was tabled before Parliament on January 6 this year.

Chidawu argues that the delimitation report was only signed by two Zec commissioners out of nine.  He also questioned whether it was a product of Zec as a body corporate, or of the two members of the commission who signed the document.

His application was backed by affidavits of the two commissioners whose signatures did not appear on the report.  The two commissioners are Cathrine Mpofu and Shepherd Manhivi.

Meanwhile, the ConCourt also struck off the roll an appeal by businessman Farai Matsika against a Supreme Court ruling in a battle for control  of Croco Motors.

Last year, the Supreme Court declined his appeal for lack of jurisdiction. 

The Doves and Faramatsi owner is fighting for control of Croco Holdings with his cousin Moses Chingwena.

The ConCourt struck off his application on the basis that it was legally defective to hear his matter when the full Supreme Court ruling was not yet available.

The matter was struck off the roll with consent from both partners.

Matsika has been at loggerheads with Chingwena for years claiming that he spent over two decades building the Croco Holdings empire.

Last year, Supreme Court judges Justices Elizabeth Gwaunza, Joseph Musakwa and Hlekani Mwayera declined jurisdiction prompting Matsika to file a Concourt appeal. 

In the previous Supreme Court hearing, the court ruled that Matsika had tried to illegally wrest ownership of Croco Holdings from its rightful owner, Chingwena.

Another judge Justice Chinembiri Bhunu, in his judgment said High Court judge Justice Owen Tagu could not be faulted for ruling that Matsika hadfailed to support his claim of ownership.

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