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Mashudu Netsianda Senior Court Reporter
FORMER Speaker of Parliament Mr Lovemore Moyo who suffered an election defeat at the hands of Zanu-PF’s Cde Never Khanye in the Matobo North National Assembly seat is challenging the outcome of the election results.
Mr Moyo of MDC-T polled 5 219 votes while Cde  Khanye of Zanu-PF garnered 5 300 votes in the 31 July harmonised elections. He filed a petition with the Electoral Court on 15 August in terms of section 167 of the Electoral Act, Chapter 2:13.
The former Speaker of Parliament who is being represented by Mr Kucaca Phulu has cited Cde Khanye as the first respondent, the Matabeleland South provincial elections officer, Mr Mark Dube as the second respondent and Zimbabwe Electoral Commission (Zec) as the third respondent.

In his founding affidavit, Mr Moyo argued that the electoral process was marred by irregularities, which he blames for his defeat.

“On the morning of 30 July 2013, I received a call that our elections agent for Bhazha polling station who was manning the special vote ballot boxes had been ejected from the polling station by the presiding officer on the basis that her name was not on the consolidated elections agents list for the polling station.

“On the election day, election agents were refused entry into the polling stations in Silozwe, Induna Primary School, Gwandavale, Lukazi, Tohwe, Whitewater, Matopos, Bhazha and Minda Primary Schools even though election agents were there before the start of the vote at 7am.

“Given the fact that our agents were denied entry, there is a possibility of us having been prejudiced of a substantial number of votes.  In terms of the law each candidate is entitled to have a polling agent representing him or her at the polling station during the conduct of the election,” read part of the affidavit.

Mr Moyo also alleged that at the constituency command centre, he observed a double addition of the special vote which the constituency elections officer who is the second respondent is alleged to have agreed to.

He also claimed that the figures had been tampered with alleging that they did not have counter signatures of their election agents. “I was denied a copy of the voter’s roll even though I requested it on numerous occasions. This posed difficulties especially given our inability to verify if authentic registered voter registered in our particular constituency voted,” said Mr Moyo.

He also queried the population of registered voters in the constituency claiming that there was a questionable phenomenal increase of voters.

“The existing pattern of voting since 2005 through to 2008 has shown that there are less than 500 registered voters and voting in total in the resettlement wards namely 21, 23, 24 and  25. In the just ended elections, I won eight out of 10 communal wards with the most populated voting areas, which normally will give one victory in an election,” he said.

Mr Moyo also alleged that presiding officers in Mbuso and Silozwe Primary Schools forcibly assisted voters. “Given the above anomalies, verification and audit of the four wards is urgently required to ascertain the correct number of registered voters who are resident in the referred communities,” he said.

Mr Moyo also alleged that there were miscalculations in Ward 25 where he claimed information on the V23 B form indicated that there were 367 votes instead of 387 votes.

“In the premises, I pray that as a result of the irregularities in the elections for the National Assembly, that the election be set aside and a fresh election be called in terms of the law. I pray for an order in terms of the draft order hereto,” he said.

According to the draft order, Mr Moyo is seeking the court to set aside the first respondent’s victory and order the third respondent to direct new election for the Matobo North National Assembly seat. The matter has not yet been set down for hearing.