Home » Governance » Mliswa Fails With Court Bid to Stop Wednesday’s By-Elections

THE Electoral Court has dismissed Hurungwe West independent candidate Themba Mliswa for’s bid for a postponement for the June 10 by-elections.

Presiding Judge Tendai Uchena, on Tuesday, said Mliswa’s application should have been made 10 days prior to the date of the by-election to give enough time to the respondents to respond.

Justice Uchena however, said Mliswa’s application was justified adding that his court had jurisdiction over his claim.

In his application filed last week which gave the respondents three days to respond, Mliswa cited Zanu PF candidate Keith Guzah, his party (Zanu PF) and its Secretary for Administration, Dr Ignatius Chombo.

The former Mashonaland west Zanu PF chairperson accuses Chombo, the Zimbabwe Electoral Commission and five traditional leaders from Hurungwe West of fuelling violence in the constituency.

In an interview outside the court room Mliswa’s attorney Musindo Dunira Hungwe said expressed mixed feelings over the judgment.

“I am saddened by the fact that the main relief we were seeking before the court did not come away and, in effect, the election will proceed in spite of our queries and complaints,” he said.

“But, in the main, we are happy that this case, while it might not bring happiness to my client or relief to my client, it has helped in a way to shape the jurisprudence of our law in relation to electoral matters.

“There were quite a number of grey areas. In particular, we now know that the Electoral Court has jurisdiction to handle such matters which is quite different from the position that had been previously held by the very same court in terms of the jurisdiction.”

Mliswa says Zanu PF, Chombo in his personal capacity, Zanu PF’s Hurungwe West candidate Guzah and several traditional leaders unleashed a terror campaign in the constituency in violation of the Constitution and the Electoral Act.

Chombo and Guzah, according to Mliswa, enlisted the services of state security agents who have established bases in schools around the constituency.

Mliswa claims he has video evidence of meetings in which threats against any person who dared vote for him were issued by Dr Chombo.

Zanu PF’s terror campaign against Mliswa and his supporters has also been witnessed and recorded by human rights organizations including the Zimbabwe Human Rights Commission.

Source : New Zimbabwe