MDC-T Manicaland provincial chairperson, David Chimhini, who lost to Zanu PF’s Chido Madiwa in Mutasa North constituency, yesterday filed an urgent chamber application at the Masvingo High Court, seeking to compel the Zimbabwe Electoral Commission (Zec) to recount votes in the constituency.
Chimhini, who lost to Madiwa by 287 votes, last week wrote to the electoral body, seeking a recount of votes in eight polling stations in the constituency.
Chimhini, who is represented by Calex Maunga, cited Zec chairperson Justice Priscilla Chigumba, Madiwa and an independent candidate, James Masamvu as respondents among other candidates from different political parties.
Through his lawyers, Chimhini accused Zec of failing to respond to his request despite the fact that the date for the swearing-in of Members of Parliament was fast approaching.
“On August 2, 2018, the applicant (Chimhini) through the messenger of court, Harare, served upon the first respondent (Chigumba) a letter requesting a recount of votes at six polling stations in Mutasa North House of Assembly, where he lost the election to second respondent (Madiwa) by 287 votes,” Chimhini’s lawyers said.
“The request was duly filed in conformity with the requirement of Section 67 A of the Electoral Act that is within 48 hours of the announcement of results of the House of Assembly with the results for the Harare South and two other constituencies having been announced on August 1, 2018, in the evening thereof.
“The first respondent has not responded to the applicant’s request either in the positive or negative. By so doing she has denied the applicant his right to administrative justice and fair opportunity to go to Parliament.”
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