Hurungwe West independent candidate for the tomorrow’s -elections Themba Mliswa is going to contest in the election despite losing the court challenge in which he wanted the polls to be postponed.
Mliswa today (Tuesday) had approached the Electoral Court seeking the postponement of tomorrow’s by-election because of violence which ZANU (PF) was perpetrating on his supporters.
But Justice Tendai Uchena dismissed his application citing a short period in which it was filed.
Justice Uchena said the application should have given the respondents at least 10 days for them to respond.
But Mliswa had given them (respondents) only three days.
In his application Mliswa cited Keith Guzah ZANU (PF) aspiring candidate, Ignatius Chombo the Secretary for Administration for ZANU (PF) and five traditional leaders. Recorded video and audio footage reveal the violent plot spearheaded by Minister Chombo.
In an interview after the court case hearing Musindo Dunira Hungwe who was representing Mliswa said Mliswa was not withdrawing from the polls.
“It’s a political question to answer which needs the real politician to attend to but as far as I know my client he is not such kind who retreats,” said the lawyer.
Asked if he was happy with the ruling, Hungwe said he had mixed feelings.
“I can say that I have mixed emotions over the ruling, firstly I am saddened by the fact that the main relief we were seeking before the court did not come our way and in effect the election will proceed in spite of our queries and complaints.
“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”, he commented.