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 Speaker Lovemore Moyo.
“It follows from the foregoing that the applicants havefailed to establish any justification, either as regards the general conduct ofthe impugned election or with respect to the secrecy of the votes cast or otherwise, for setting aside or nullifying the election of the 2nbd respondent (Lovemore Moyo) as speaker of the House of Assembly,” said Patel.
Jonathan Moyo and three other MPs from Arthur Mutambara’ party had argued that the election of the speaker on 25 August 2008had 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, Moyo (Zanu PF), Moses Mzila Ndlovu (MDC-M), Patrick Dube (MDC-M) and Siyabonga Ncube (MDC-M) 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.
But Patel said the MPs who displayed their ballot papers did so willingly and voluntarily and not coerced to do so.
“On the evidence before this Court, there is nothing to show that any of the Members in the House did not cast their votes in secret or that the Members who did display their votes did so under any threat or duress,” said Patel.