ZIMBABWE - HARARE - Zanu-PF proxy and TSHOLOTSHO North Member of House of Assembly Professor Jonathan Moyo and members of the Pro Zanu MDC faction on Thursday petitioned the High Court to nullify the election of Mr Lovemore Moyo as the Speaker of House of Assembly saying his election was “flawed” and “unlawful.”  

 

Prof Moyo, the only independent MP, Moses Mzila Ndlovu (Bulilima West), Patrick Dube (Gwanda Central) and Siyabonga Ncube (Insiza) - are seeking to re- verse the election of Mr Moyo as the Speaker of House of Assembly.

 

 

The four, who are being represented by Mr Terrence Hussein of Hussein, Ranchhod and Company, cited the Clerk of Parliament, Mr Austin Zvoma and Mr Moyo as respondents in their application.

 

 

Mr Hussein asked Justice Bharat Patel to nullify the election of Mr Moyo arguing that during his election, some MDC legislators exposed their completed ballot papers to other Members of Parliament voting on the day in question.  

 

“Our contention is that this violated the legal requirement that the election be by way of secret ballot,” argued Mr Hussein. He said the Clerk of Parliament did not play his role to ensure that there was compliance with the standing rules and orders.  

 

“The law imposed a duty on the Clerk and for him to simply shrug his shoulders at a transgression was completely unlawful and unacceptable,” he said.  Mr Hussein accused Mr Zvoma of failing to stop the election and take corrective measures. 

 

South African lawyer Advocate Mathew Chaskalson representing Mr Moyo argued that it was improper for the four to only cite the Clerk of Parliament and the Speaker and not the other 209 MPs.  But Mr Hussein described the submission as ridiculous saying the law placed the obligation of conducting the election of Speaker on the Clerk of Parliament. 

 

“I describe it as ridiculous as suggesting that when you are challenging a presidential election you must cite all 5,4 million registered voters in that election. “You cite the authority that runs the election and in this case it was the Clerk of Parliament,” he said.  

 

Six MDC legislators were implicated in the alleged misconduct, which gave rise to the application.

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But Adv Chaskalson said these members constituted less than 12 percent of the voter population of 208. “This means that even if the court were to be satisfied that these members did in fact display their votes, the election would still have been held in substantial compliance with requirements of the secret ballot principle,” he said.

 

Mr Moyo was elected speaker of parliament after beating Zanu-PF backed member of the Mutambara faction Paul Themba Nyathi.

 

Ms Choice Daniso who argued on behalf of the Clerk of Parliament urged the court to dismiss the application with costs for lack of merit.  Ms Daniso said Mr Zvoma discharged his administrative duties properly.  She said her client did not witness the alleged violations of any law as alleged.

 

 “The applicants had the right to bring to the attention of first respondent (Clerk of Parliament) the alleged transgressions but neglected this duty thereby aiding their commission. 

 

“Their failure amounted to apparent approval of the process and accordingly they should be stopped from making this complaint,” she said.  

 

Ms Daniso argued that the conduct complained of was not unlawful and did not amount to violation of the secret ballot provisions. After hearing arguments on the case, Justice Patel reserved judgment to a later date.

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