The Constitutional Court (ConCourt) Tuesday dismissed an appeal by MDC Alliance’s Gift Konjana who was challenging Chegutu West legislator Dexter Nduna’s controversial win in the 2018 parliamentary election.
The case was heard by justices; Paddington Garwe, Anne Mary Gowora, and Ben Hlatswayo.
In May this year, the ConCourt judges reserved their judgment on the matter after hearing submissions from both parties.
Konjana contested the 2018 parliamentary election under an MDC Alliance ticket, but a flawed counting process by the Zimbabwe Electoral Commission (ZEC) saw the electoral body declaring Nduna of Zanu PF, the winner.
Soon after the count and declaration of Nduna as the winner, Konjana demanded a recount and it was discovered some votes cast in Konjana’s favour had instead been illegally counted as Nduna’s.
ZEC admitted to the anomaly but informed Konjana to seek redress through the courts as it had no powers to reverse the announced results.
The opposition activist immediately filed a petition at the Electoral Court raising his objections.
However, in October 2018, Electoral Court judge Justice Mary Zimba-Dube dismissed Konjana’s election petition on the basis that it was defective.
This prompted Konjana to appeal against the Electoral Court judgment at the Supreme Court which also declined to hear his case on grounds that his appeal was filed late, and not within the three months as stipulated by the Electoral Act.
Konjana filed another appeal at the ConCourt where raised arguments that his rights were being violated by the courts.
In response, to the ConCourt challenge, Nduna through his lawyers argued Konjana should not just insist his case be should be heard when it was turned down in terms of the law.
Nduna also argued there was no proper foundation of arguments by Konjana in the Supreme Court as constitutional issues were only raised in his heads of argument. -NewZimbabwe