18 May 2018

Zimbabwe: Losing Zanu-PF Candidate Takes Case to High Court

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Losing candidate in Zanu-PF primary elections for Seke Rural constituency Cde Helga Mubaiwa has approached the High Court seeking to bar the elected candidate Cde Munyaradzi Kashambe from campaigning pending the determination of her appeal.

After she lost, Cde Mubaiwa appealed to the Zanu-PF election commission citing absence of an updated voters' register.

To that end, Cde Mubaiwa contends that the election was not fair and transparent.

She argued that the result did not reflect the wishes of the voting constituency.

While her appeal was pending, Cde Mubaiwa has instructed Mufadza and Associates Legal Practitioners to file an urgent chamber application interdicting Cde Kashambe from campaigning in the constituency on a Zanu-PF ticket pending the determination of the appeal.

The application cited Cde Kashambe, Zanu-PF and its political commissar Lieutenant General Engelbert Rugeje (Retired) as respondents.

Cde Mubaiwa said her pending appeal had merit and that allowing Cde Kashambe to campaign and to receive the campaign funds would seriously prejudice her.

"I have no doubt that my said appeal has positive prospects. In fact, there is a grand chance that a rerun may be ordered as a consequence of my said appeal.

"Meanwhile, I have since noted that notwithstanding the fact of my appeal, the second respondent (political commissar) has gone ahead to hoist the first respondent as its candidate.

"In fact, the latter respondent has started enjoying the full benefits of Zanu-PF's candidacy as if his winning declaration is not under challenge. He has now drawn the party regalia, which he is using to start his campaign," read Cde Mubaiwa's affidavit.

Lt Gen Rugeje, Zanu-PF and Cde Kashambe are yet to respond to the application.

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