High Court judge Bharat Patel on Tuesday said Moyo’s application lacked merit and failed to establish any justification for the nullification of the election of the Speaker.
In his application filed on on Wednesday to the Supreme Court, through his lawyer Terrence Hussein of Ranchod and company, Professor Moyo said Judge Patel erred in dismissing his application.
“The learned Judge…erred in finding that a proper election of the speaker of parliament was conducted in terms of the constitution.The learned judge erred in conceding the first respondent’s failure to implicate and enforce his own procedures for the election.The judge erred in finding that the participants’ exposure of their completed ballot papers was not a violation of the secrete ballot. He also erred in finding that a secret ballot took place.Wherefore appellant will pray that the appeal to be allowed on any one or more or all of the grounds of the appeal and that the decision of learned judge Patel can be set aside,” read Professor Moyo’s Supreme court application.
Jonathan Moyo and (Zanu PF), Moses Mzila Ndlovu (MDC-M), Patrick Dube (MDC-M) and Siyabonga Ncube (MDC-M) three other MPs from Arthur Mutambara’ party had argued that the election of the speaker on 25 August 2008, had been marred with irregularities.
They had further argued that what ensued in parliament during the election was chaotic and disorderly and quite contrary to the requirements of a secret ballot. The four, had argued that the fact that several MDC-T MPs had displayed their ballot papers to their colleagues meant that the election was not free and not conducted in secret.