ELECTORAL COURT OF ZIMBABWE
HARARE 13 November 2013 and 20 November 2013
T Mutangi, for the petitioner
Mazhindu, for the respondent.
BHUNU J: The petitioner Ian Muteto Makone is the losing candidate in the National Assembly harmonised elections for the Goromonzi North Constituency whereas, the respondent Biata Nyampinga is the winning candidate. Dissatisfied with the outcome of the electoral results the petitioner filed an electoral petition seeking the setting aside of the electoral results on the basis of irregularity. The respondent has countered with an exception alleging that the petition is fatally defective for want of compliance with s168 (1) (b) ofthe Electoral Act [Cap: 2:13] which requires that an election petition be signed personally by the petitioner himself.
The section reads:
"168 Provisions governing election petitions
(1) An election petition shall be-
(a) presented by lodging it with the Registrar of the Electoral Court; and
(b) signed by the petitioner or all of the petitioners if more than one