Chebundo loses election petition

THE High Court has dismissed with costs, a court challenge by MDC-Alliance losing candidate for Kwekwe Central constituency Blessing Chebundo citing lack of evidence among other reasons.

Masango “Blackman” Matambanadzo of the National Patriotic Front (NPF), who garnered 7 578 votes against Chebundo’s 7 127, won the election.

Chebundo through his lawyers, Chitere, Chidawanyika and Partners filed an election petition at the Bulawayo High Court citing Matambanadzo as the respondent.

Chebundo accused Matambanadzo of vote buying, abuse of public resources and misrepresenting to the electorate that he was working with the MDC-Alliance.

He argued that Matambanadzo dished out cash, rice and other goodies to buy votes and used the Constituency Development Fund (CDF) to buy an ambulance that he used for campaigning thereby abusing public facilities.

But in a ruling last week, Bulawayo High Court judge Justice Thompson James Mabhikwa dismissed the application.

Justice Mabhikwa said Chebundo had no evidence against Matambanadzo.

Blackman was represented by Liberty Mashanyare of Mavhiringidze and Mashanyare Legal Practitioners.

“Consequently, the election petition is dismissed with costs of suit. The court held that it was very difficult to prove a charge of corrupt practices merely on the basis of oral evidence because in election cases it is very easy to get the help of interested witnesses, but very difficult to prove charges of corrupt practices,” said Justice Mabhikwa.

He said Chebundo should have applied for an interdict or disqualification of the respondent at the time the vote buying took place.

“I asked the petitioner and his counsel why they did not apply to the court for an interdict or even disqualification of the respondent right at the time, rather than wait until voting was over and until they had lost the election only to file a petition two weeks after such announcement of results,” he said.

Justice Mabhikwa said there was no evidence that after receiving the goods, the deponents went on to vote or not saying if they did, there was also no evidence to say they voted for the respondent instead of the petitioner.

He said Matambanadzo had every right to campaign using an ambulance as he was showing how responsible he was.

“In my view, using an ambulance he bought using CDF is pure campaign and no malpractice there.

“The candidate is simply assuring the electorate that he is a man with accountability who keeps his promises to deliver and uses State funds responsibly,” said Justice Mabhikwa.