MUTARE
– THE High Court in Mutare on Wednesday set aside judgement on the MDC Alliance Mutare Central ward 10 councillor Frank Chitembwe’s urgent application against the Zimbabwe Electoral Commission (ZEC) to stop the Mutasa Rural District Council by-election slated for May 11.
The High Court will deliver judgement on a later date as it will be considering
submissions by lawyers from both parties. Mutasa Rural District Council, cited
as a second respondent, had challenged Chitembwe’s urgent High Court
application.
The
ward 10 seat was declared vacant following the incarceration of Chitembwe in
February this year for public violence.
He was slapped with a two year jail term for public violence in the January
14-16 massive protests.
Chitembwe was granted bail pending appeal last week after ZEC had already sat
for the nomination court early this month with three candidates successfully
filing their papers.
David Tandiri representing Chitembwe said: “Today
we had our arguments in the chambers and as
lawyers from both parties we agreed that the judge must
look at all the arguments presented.”
Johaness
Zviuya representing the Mutasa Rural District Council said: “We have presented our arguments
today in the chambers and the judgement regarding the case
has been set aside to give time for deliberations.”
Both lawyers
said they hoped that judgement will be passed before the election date.
In his application at the High Court Chitembwe said he was seeking the intervention
of the court and set aside the actions of ZEC to hold the by-election on May
11.
“The first respondent (ZEC) has set in
motion the process of by-election in ward 10 of Mutasa Rural District council.
The nomination court has considered and accepted the nominations from prospective
candidates,” reads the application.
“Now that l am out of custody and l am free
to serve my ward and my community. I now seek the honourable court to intervene
and set aside the actions of the Zimbabwe Electoral Commission to hold the by-election
in ward 10 of Mutasa Rural District council,” said Chitembwe in the application.
“In fact l dare say that at the time the
second respondent Mutasa Rural District council notified ZEC of a vacancy in
ward 10 Mutasa Rural District Council no such vacancy existed,” the
application read.
“l had duly filed my notice of appeal and l had not
been convicted of an offense involving dishonesty, breach of trust and physical
violence. Our wish is that the declaration by Zimbabwe Electoral Commission
of a vacant seat for ward 10 in Mutasa Rural District
Council is hereby set aside,” reads the application.
