The Constitutional Court (ConCourt) has upheld Zanu PF Chegutu West legislator Dexter Nduna’s 2018 election victory, dismissing a challenge which was filed by MDC Alliance’s Gift Konjana who was one of the losing candidates in the poll.
In his court challenge, Konjana had cited a flawed counting process by the Zimbabwe Electoral Commission (ZEC) which saw the electoral body declaring Nduna as winner.
Soon after the count and declaration of Nduna as the winner, Konjana demanded a recount and it was discovered some votes cast in Konjana’s favour had instead been erroneously counted as Nduna’s.
ZEC admitted to the anomaly but informed Konjana to seek redress through the courts as it had no powers to reverse the announced results.
The opposition activist immediately filed a petition at the Electoral Court raising his objections on the result.
However, in October 2018, the Electoral Court judge, Justice Mary Zimba-Dube dismissed Konjana’s election petition on the basis that it was defective.
This prompted Konjana to appeal against the Electoral Court judgment at the Supreme Court which also declined to hear his case on grounds that his appeal was filed late, and not within three months as stipulated by the Electoral Act.
This resulted in the case spilling to the Constitutional Court where Konjana raised arguments that his rights had been violated by the courts.