Justice Bhunu quashes Mliswa argument

By Tendai Kamhungira

HARARE – Electoral Court judge Chinembiri Bhunu yesterday declared that there was no law that provided for one to be registered as a voter in a constituency that he seeks to stand in as an election candidate.

Bhunu said this in a pre-trial conference for an application filed by former Zanu PF provincial chair for Mashonaland West Temba Mliswa, who is challenging Keith Guzah’s June 10 Hurungwe West by-election win.

Soon after the matter was heard in chambers, Guzah’s lawyer Sylvester Hashiti told the Daily News that Bhunu has said the only available provision was in terms of Section 125 of the Constitution which stipulated that one just has to be a registered voter to stand in any constituency as a candidate.

He said that those who nominate the candidates were the only ones who were supposed to be from that particular constituency where the elections would be held.

Bhunu went on to set the matter down for next Wednesday. The issues that will be determined during trial will be whether Guzah used violence, intimidation or vote buying in order to win the election.

In the application, Mliswa, who is represented by Musindo Hungwe from Kadzere, Hungwe and Kadzere Legal Practitioners argued that Guzah was not a registered voter in Hurungwe West and as such should have been disqualified from contesting in the by-election.

He accused Guzah of committing electoral fraud by hiding the fact that he was once convicted on car theft charges and sentenced to serve time in prison. He said that the conviction was never appealed against, reviewed or quashed.

Mliswa further told the court that Guzah’s original name was Never Phiri, which he later changed by way of a notarial deed.

However, Guzah challenged the claims, arguing that he won freely.

He said that he did not vote because his name was not on the Hurungwe West voters’ roll after he transferred from Magunje.

He denied ever using the name Never Phiri, demanding that Mliswa proves his claims. Daily News