Former Bulilima Member of Parliament Dingumuzi Phuti has filed an urgent application at the Bulawayo High Court seeking a reversal of a default judgment which nullified his electoral victory.
Phuti had won the August election after polling 7,185 votes
beating Citizens Coalition for Change (CCC) candidate Bekezela Maplanka who
came second with 6,660 votes.
ZAPU’s Artwell Ndlovu polled 933 votes while Aleck Moyo of
MRP had 509.
Maplanka then approached the court seeking nullification of
the election outcome arguing that “voter intimidation, rigging and vote buying…
produced an undue return”.
Justice David Mangota granted Maplanka a default judgement
nullifying the poll outcome after Phuti did not oppose the application.
Justice Mangota also ordered the Zimbabwe Electoral
Commission (ZEC) to run a fresh election in the constituency.
However, Phuti through his lawyer Nqobizitha Ndlovu of
Cheda and Partners is seeking a reversal of the judgement arguing that he was
not served with the election petition.
“I only became aware of the petition and the resultant
court order on the 23rd of November 2023 after it was published widely on
social media. Thus I have a reasonable explanation for the default,” argued
Phuti.
Phuti further argues that Maplanka did not follow the
procedure when she sought to serve her with the election petition.
The election petition was according to court documents
served at Nyele primary School in Plumtree and was handed to one Sharon Moyo
who is identified as the wife of Phuti’s brother.
“At the top, it alleges that service took place at Nyele
Primary School Plumtree yet at the bottom in an apparent about turn it alleges
that service was upon one Sharon Moyo who accepted service at my homestead. I
do not reside or carry on business at Nyele Primary School. I have no
connection whatsoever with Nyele Primary School besides it being a primary
school within the constituency I reside in and lead as a member of the National
Assembly,” said Phuti.
My homestead is situated at Zelembu village in Bulilima.
The distance between Nyele Primary School and my village is 5 kilometres.”
Phuti also denied any connection to Sharon Moyo, stating “I
do not have a brother who has a wife by the name Sharon Moyo”.
Due to the seriousness of the matter, Phuti further argued
that he “would not have sat on my laurels and failed to respond to court
process which had lawfully been served”.
On the merit of the election petition, Phuti argued that it
was defective as it violated some sections of the Electoral Act.
He also stated that Maplanka failed to prove that he was
involved in the malpractices contained in her affidavit.
“I have noted that the nub of the election petition filed
by Maplanka are allegations of corrupt practices and illegal practices by
persons that are known to the respondent. In some instances, the wrong doer is
said to have been the elections management body which is said to have allowed
itself to be infiltrated by known members of my political party ZANU PF” said
Phuti.
“What is apparent from Maplana’s election petition is that
there is no allegation that I committed any electoral malpractice, corruption
or illegal practice. The respondent does not make any allegations against me in
person and this shows that I was never party to any contravention of the
electoral law”. CITE
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