IAN MAKONE

v

BEATA NYAMUPINGA

ELECTORAL COURT OF ZIMBABWE

BHUNU J

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) of the Electoral Act [Cap: 2:13] which requires that an election petition be signed personally by the petitioner himself.