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ZANU PF MP Dingumuzi Phuti Challenges Court Reversal Of Election Victory

1 year agoMon, 27 Nov 2023 07:09:43 GMT
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ZANU PF MP Dingumuzi Phuti Challenges Court Reversal Of Election Victory

The former ZANU PF MP for Bulilima, Dingumuzi Phuti, filed an urgent court application over the weekend seeking rescission of judgement after his win in the August 2023 Harmonised Elections was nullified by the High Court on Thursday, reported ZimLive.

A default judgement was granted in Bekezela Maplanka’s favour by Justice David Mangota after Phuti did not oppose the application.

Maplanka, the CCC candidate in the general elections, had challenged Phuti’s victory at the High Court, arguing that “voter intimidation, rigging and vote buying… produced an undue return” in the election leading to the announcement of Phuti as the winner.

The court ordered the Zimbabwe Electoral Commission (ZEC) to prepare a by-election.

Phuti’s legal representative Nqobizitha Ndlovu of Cheda and Partners told ZimLive that they were seeking a rescission of the default judgement, and condonation for their late filing of Phuti’s opposing papers.

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According to Veritas, an application for rescission of judgment is made to rescind (reverse) the decision of the court on the basis that the other party defaulted court proceedings or failed to attend court, or where a party fails to enter appearance to defend, resulting in a judgment being entered in default.

Ndlovu argues that his client was not properly served with the petition as is provided for in the Electoral Act. He said:

Honourable Phuti was not served with the election petition. The papers were not served by the sheriff.

They were served by a person who purports to be a clerk from the other party’s lawyers.

The certificate of service is dubious as it says that the petition was served at a primary school but in terms of the Electoral Act, an electoral petition has to be served personally or at the place of residence or business of the person who is being petitioned.

In this case, really, it is common cause that honourable Phuti does not reside at a primary school. He has his own home.

Ndlovu said the application for rescission “has got good prospects of success”.

A date for hearing of Phuti’s application is expected to be given early this week.

Phuti polled 7 185 votes beating Maplanka into second with 6 660 votes. ZAPU’s Artwell Ndlovu polled 933 votes while Aleck Moyo of MRP had 509.

Combined, the opposition candidates received 8 102 votes, which is more than the votes garnered by Phuti.

Meanwhile, Maplanka’s lawyer Khulekani Sibanda told ZimLive that they did not know why Phuti did not oppose the application, but added: He was properly served with the papers.

More: Pindula News

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14 Comments

Passmore Chamonyonga · 1 year ago
Gore rino munofa nenzara chte itai kuty Donna riuye
Gore rapera · 1 year ago
Gore rapera tisina kurima bcz mvura haisati yanaya. that is what he meant
Stubborn Gentile · 1 year ago
Kkkkkkk today early in the morning in a taxi an old man wearing a green Dambudzo ZANUpf cap shocked everyone as he spoke, he said, "goreI rapera tisina kana kumboita chunu".No one responded to him or care to look at him.
vee · 1 year ago
kkkk muvanzwisisewo sekuru vanenge vangopfekawo zvavakapiwa ndava Mari yekuzvitengera Havana, chero van a vavowo pamwe Havana mabasa
@Stubborn... · 1 year ago
Wasn't he saying the truth? What has Zimbabwe done in 2023 worth talking about? That deafening silence was indicative of two things. Either people are scared sh♤tless of expressing their thoughts in public (Patriotic Act/CIO/FAZ...?) or everyone was inwardly in total agreement.
Student Lite · 1 year ago
I discovered a terrible experiment. If you go to the Hospital ICU ward and shout ZANUpffff, patients will die all of a sudden due to anger and Very very high, I mean highest blood pressure 😱😱😷
Anonymous · 1 year ago
Zanu pf will never win a free and fair election anywhere in zimbbwe
· 1 year ago
Zahas NEVER won an election since 2008.
Hippo The GS · 1 year ago
@ dolla uri du*** chairo
cox · 1 year ago
zanu pf courts are only a platform of displaying one's financial prowess in matters of disputes rather than legality. approach them at your peril if you are not financially strong.rather than l
doug · 1 year ago
Looks like he has no chance of winning if an election is held. Only the court can save his parliamentary seat and deputy minister position.
dolla · 1 year ago
VIVA ZANU PF LONG LIVE THE PRESIDENT
· 1 year ago
Zvautori Dollar-RTGS rakapedzisira kuonekwa gore ragochanhembe?

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