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High Court judge upholds election of parly speaker
Zimbabwe Lawyers for Human Rights (ZLHR)
March 09, 2010

High Court Judge Justice Bharat Patel on Tuesday 9 March 2010 dismissed an application filed by ZANU PF MP for Tsholotsho North Professor Jonathan Moyo and three legislators aligned to Deputy Prime Minister Arthur Mutambara's Movement for Democratic Change (MDC-M) party seeking to nullify the election of Hon. Lovemore Moyo as the Speaker of the House of Assembly.

The three MDC-M lawmakers namely Hon. Moses Mzila-Ndlovu (Bulilima West), Hon. Patrick Dube (Gwanda Central) and Hon. Siyabonga Ncube (Insiza) and Professor Moyo filed an application in July 2009 seeking to nullify Hon. Moyo's election on the basis that it did not satisfy the basics of a secret ballot.

The legislators alleged that the election of Moyo was marred by chaos and was held contrary to the requirements of a secret ballot.

But in a judgment delivered Tuesday morning Justice Patel dismissed the MP's application.

Justice Patel said the legislators had failed to establish any justification either as regards the general conduct of the impugned election or with respect to the secrecy of the votes cast or otherwise.

Justice Patel said the MP's failed to demonstrate that any of the legislators who took part in the ballot did not cast their votes in secret or that MP's who did display their votes did so under any threat or duress.

Hon. Moyo, the MDC chairman became the first opposition lawmaker in August 2008 to hold the position of Speaker of Parliament in the country's 30 year-old history.

Hon. Moyo received 110 votes while his only opponent, Paul Themba-Nyathi from Professor Mutambara's party, who had the support of President Robert Mugabe's ZANU PF party received 98 votes.

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