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Daniel Nemukuyu, Harare Bureau
THE High Court dismissed with costs an election petition by MDC-Alliance losing candidate for Chegutu West constituency Mr Gift Konjana, a development that confirmed Zanu-PF’s Cde Dexter Nduna as the legitimate winner of the election.

Cde Nduna won the election with 10 932 votes against Mr Konjana’s 10 828 votes.

After winning the election, the MDC-A losing candidate filed a petition at the High Court contesting the election results.

Instead, Mr Konjana, through his lawyers DNM Attorneys, asked the court to declare him the winner.

Dismissing the petition, Justice Mary Dube blasted inexperienced lawyers who rush to court with defective election petitions, saying they must first read and appreciate the electoral law.

“Consequently, the petition is dismissed with costs.

“The Registrar of the Electoral Court be and is hereby directed to serve a copy of this order on the Zimbabwe Electoral Commission and Clerk of the Parliament of Zimbabwe,” reads the judgment.

The judge said the petitioner’s lawyers, presumably out of lack of experience, were to blame for the unfortunate loss.

The lawyers, according to the judge, did a shoddy job by rushing to file the petition in violation of court rules as well as the electoral laws and regulations.

“Looking at the form and content of this petition, what comes to the fore is a damn failure by the legal practitioner who drafted this petition to address his mind to the nature of the matter he was dealing with.

“He failed to appreciate that he was dealing with an election matter which is governed by different rules of practice.

Had he been diligent, read relevant case authorities, the Act and the rules applicable, his client would not be in this predicament,” reads the judgment.

The lawyer who drafted the petition, the judge said, paid lip service to the law and rules governing election petitions.

“Ultimately, the petitioner failed to comply with laid down rules of the court and has wasted an opportunity to have the petition dealt with on the merits,” said Justice Dube.

Justice Dube said in future, lawyers must take petitions seriously.

“I do not get the sense that legal practitioners take these election petitions seriously or perhaps it may be a question of lack of experience in this area of the law. Legal practitioners preparing election petitions must apprise themselves of the provisions of the Electoral Act and the rules governing petitions before making an election petition,” the judge said.

The court found that the petitioner dismally failed to present his case in the proper format required by the law.