Africa-Press – Zimbabwe. Bulilima MP Dingimuzi Phuti (ZANU PF) was on Monday reinstated after the High Court rescinded a default judgement granted in favour of Bekezela Maplanka of the Citizens Coalition for Change (CCC).
ZimLive reported that Justice Bongani Ndlovu granted Phuti’s application for rescission of judgement, ruling that he was not properly served with a notice of Maplanka’s election petition.
Maplanka, who was one of the losing candidates in the National Assembly constituency in the August 2023 general elections, had asked the Electoral Court to nullify Phuti’s victory over a string of alleged electoral malpractices.
The Zimbabwe Electoral Commission (ZEC) declared Phuti the winner with 7 185 votes, beating Maplanka who came second with 6 660 votes. ZAPU’s Artwell Ndlovu polled 933 votes while Aleck Moyo of MRP had 509.
Maplanka challenged the results in court arguing that “voter intimidation, rigging and vote buying… produced an undue return.”
Justice David Mangota awarded Maplanka a default judgment nullifying the poll outcome after Phuti did not oppose the application.
The judge also ordered the Zimbabwe Electoral Commission to run a fresh election in the constituency.
Meanwhile, Justice Ndlovu accepted Phuti’s arguments on Monday that he never had sight of the papers.
Maplanka’s lawyer, Khulekani Sibanda of Mathonsi Law Chambers, said that they will file an appeal against the ruling and seek a stay order to prevent Phuti from remaining as the MP for Bulilima.
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