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risks being charged with contempt of court
The Standard (Zimbabwe)
September 01, 2013
Roselene Nkomo, the MDC-T
Member of Parliament-elect for the Tsholotsho North constituency,
says former MP Jonathan Moyo risks being charged for contempt of
court for describing a recent ruling by Judge Justice Lawrence Kamocha
as a wrongful denial of a vote recount.
In her opposing
affidavit filed on Friday, Nkomo said Moyo’s appeal for a
new election within 60 days should be dismissed, as there was no
evidence to warrant the setting
aside of her electoral victory.
She said Moyo, a former
minister of information, must be careful how he couches “his
case least he falls foul of the contempt laws of the country”.
Nkomo submitted that
Moyo’s petition papers were replete with the material defects
to render the petition seriously flawed.
She said she prayed that
the petition be dismissed.
of the court and the [Electoral]
Act require the petitioner to clearly spell out the grounds
upon which he relies upon to bring the petition,” she submitted.
“The petitioner has failed dismally in doing so, as he only
sought to defer the explicit requirement to the affidavit he has
“I submit that
this requirement does not allow such a course of action.”
Nkomo said Moyo failed
to outline the relief he sought, and he only wanted to bring the
issue of a recount, which she says cannot be raised as grounds for
She said it was obvious
that Moyo filed the petition just because he lost the election.
Nkomo also submitted
that the court must reject the abuse of its process by Moyo, a Zanu-PF
politburo member, as he was not a special person, and he must abide
by the law.
has to be advised that he has to be careful how he couches his case,
lest he falls foul to the contempt laws of the country,” she
submitted. “The recount was stopped at this honourable court
by an order of Justice Kamocha. The order was lawfully sought and
Zec ordered a recount,
but the decision was quashed by Justice Kamocha following an application
for review by Nkomo.
Nkomo polled 4 800 votes
to beat Moyo who garnered 4 646.
roll flawed: Jonathan Moyo
In his petition, Jonathan
Moyo had indicated that many voters were turned away and cited a
flawed voters’ roll, and that some voted using slips while
they were unregistered, an issue which Nkomo said was national and
cannot be the basis of setting aside the outcome of the election.
Moyo also said he was
not properly served with the papers of the application for review,
which Nkomo filed against him.
The former Information
minister challenged the result and demanded a recount, alleging
numerous irregularities in the way the process was handled by the
Zimbabwe Electoral Commission (Zec).
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