LOST CAUSE . . . Judge says his application lacked merit

HARARE – Zimbabwe’s High Court on Tuesday dismissed an application by controversial legislator Jonathan Moyo to nullify the election of the Speaker of the House of Assembly.

High Court judge Bharat Patel said the former information minister’s application lacked merit and failed to establish any justification for the nullification of the election of Speaker Lovemore Moyo.

“It follows from the foregoing that the applicants have 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, for setting aside or nullifying the election of the second respondent ((Lovemore Moyo) as speaker of the House of Assembly,” said Patel.

Jonathan Moyo and three other Members of Parliament (MPs) from Deputy Prime Minister Arthur Mutambara’s MDC-M party had argued that the election of the Speaker had been marred with irregularities.

They had further argued that what ensued in Parliament during the election was chaotic and disorderly and quite contrary to the requirements of a secret ballot.

The four – Moyo, then an independent lawmaker who has since rejoined President Robert Mugabe’s ZANU PF party, Moses Mzila Ndlovu (MDC-M), Patrick Dube (MDC-M) and Siyabonga Ncube (MDC-M) – had argued that the fact that several MDC-T MPs had displayed their ballot papers to their colleagues meant that the election was not free and not conducted in secret.

But Patel said the MPs who displayed their ballot papers did so willingly and voluntarily and were not coerced to do so.

“On the evidence before this court, there is nothing to show that any of the members in the House did not cast their votes in secret or that the members who did display their votes did so under any threat or duress,” said Patel.

Lovemore Moyo, who is national chairman of Prime Minister Morgan Tsvangirai’s MDC-T party, was on August 25 2008 elected Speaker of the House of Assembly, the first time since Zimbabwe’s 1980 independence from Britain for a member of the opposition to head the key lower chamber of Parliament.

Moyo – who polled 110 votes against Paul Themba Nyathi (MDC-M) who was also backed by ZANU PF but managed 98 vote – became one of the most powerful men in the troubled Southern African country.

Under Zimbabwe’s system of government the Speaker’s position is third from that of Mugabe and Chief Justice Godfrey Chidyausiku on the role of honour. – ZimOnline