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Zimbabwe: Candidate Wins Case
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 Published by the government of Zimbabwe |
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The Herald (Harare)
10 May 2008
Posted to the web 12 May 2008
Harare
The Electoral Court yesterday ruled in favour of Mr Job Sibanda, an independent candidate in the Pelandaba-Mpopoma House of Assembly constituency, who was seeking an order for a by-election to be held in the constituency.
Justice Nicholas Ndou ordered that a nomination court to receive names of prospective candidates in the constituency, be held within the next two weeks.
The Zimbabwe Electoral Commission had postponed the House of Assembly election in Pelandaba-Mpopoma following the death of Mr Milton Gwetu in March. Mr Gwetu belonged to the MDC-Mutambara faction and died shortly before the March 29 harmonised elections.
"The respondent be and is hereby ordered and directed to take steps to publish in the Government Gazette in the shortest possible time, in not more than 14 days of this order, (to convene) the sitting of the nomination court in order to accept nominations for the Pelandaba-Mpopoma parliamentary constituency," said Justice Ndou in his ruling.
He ordered that steps be taken in terms of Section 39 (2) of the Electoral Act to have the by-election conducted in the area. Mr Charles Moyo and Kossam Ncube represented Mr Sibanda in the urgent chamber application.
Justice Ndou dismissed an argument by ZEC lawyer Ms U. Mabhiza, who had contended that the electoral management body did not have sufficient funds to conduct the by-election "properly and efficiently".
In his founding affidavit, Mr Sibanda stated that in February this year, following the setting of the nomination day for parliamentary candidates, he was nominated as one of the candidates to contest the parliamentary elections set for March 29, as an independent candidate for the Pelandaba-Mpopoma constituency.
He averred that after the nomination court and during the campaign period, he launched a campaign in the constituency.
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It was his contention that he had been forced to approach the Electoral Court by the "wilful flouting of the provisions of the Electoral Act by the respondents as far as the issue of holding a by-election for the constituency".
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