By Nyashadzashe Ndoro | Nehanda Courts |
Residents in Chegutu are now stuck with Dexter Nduna, the Zanu PF MP who, even the Zimbabwe Electoral Commission (ZEC) admitted, lost the 2018 election to the opposition MDC Alliance candidate Gift Konjana.
This week the Constitutional Court (ConCourt) dismissed an application by Konjana who was challenging Nduna’s controversial announcements as the winner in the 2018 parliamentary election.
Konjana contested the election under an MDC Alliance ticket, but a flawed counting process by the Zimbabwe Electoral Commission (ZEC) saw the electoral body declaring Nduna, the winner.
ZEC admitted to the anomaly but informed Konjana to seek redress through the courts. But the case was dismissed on a technicality basis by the Supreme Court. Konjana appealed at the ConCourt and justices; Paddington Garwe, Anne Mary Gowora, and Ben Hlatshayo dismissed the case citing there was no constitutional dispute.
In an interview, Konjana’s lawyer Moses Nkomo said the ConCourt, highest court in the country when it comes to the interpretation, protection and enforcement of the Constitution, dismissed their appeal.
“Sadly, the Constitutional Court dismissed our application. It held that the Supreme Court did not make any constitutional determination which can be appealed against in the Constitutional Court.
“So it then said there was no Constitutional dispute in the Supreme Court and there is no appeal that can lay in the Constitutional Court and therefore our application was dismissed,” he said.
“This is the end. We have knocked on the last door of Justice in this country. Unfortunately the door has been slammed shut in our face. So this marked the end of a very painful three years in the fight for democracy in this country through the courts of law.
“So the Chegutu voters have to be stuck with an unelected MP for the remainder of the term. That is why we say it’s a sad day for democracy.
“ZEC admitted that Mr Konjana is a lawfully elected Member of Parliament. On a technicality they could not reverse the peroneus pronunciation.”
Konjana said the ConCourt ruling was infringing on his political rights because ZEC itself admitted that it had erred.
“I feel like an alien in my own country because I no longer have any political rights at all because I feel that my political rights have been thwarted. I had expected that the courts would uphold a position that the people that were on the ground from ZEC said that I had won the election. It’s a sad day for democracy,” he said. Nehanda Radio