MDC-T candidate prays court to declare Nkayi North seat vacant

Movement for Democratic Change (MDC-T)  Nkayi North candidate Chief Ndlovu is seeking nullification of Zanu PF’s Sithembiso Nyoni’s parliamentary election victory, citing the high number of assisted voters in the constituency.

In the tightly contested election, Nyoni won the election with 5 492 votes to  Ndlovu’s  4 065 votes. Mandla Ndlovu of the Citizens Coalition for Change (CCC) garnered 3 110 votes.

Nyoni was named as the Minister of Industry by President Emmerson Mnangagwa, who was also declared winner of the presidential election under controversial circumstances.

 Ndlovu through his lawyers, Lovemore Madhuku Lawyers argued that the Zimbabwe Electoral Commission (ZEC) failed to conduct the elections according to the principles in accordance with the Electoral Act in respect to assisted voters. 

Ndlovu says over a “wholly unrealistic” 1 500 voters were assisted to vote, which is more than 12 percent of the voters, despite high literacy levels in Nkayi North.

“The contraventions of the aforesaid section 59 of the Electoral Act (2:13) were in the following respects: None of the persons assisted was illiterate as required by section 59 of the of the Electoral Act,” read the court papers. 

Ndlovu said Zimbabwe Electoral Commission (ZEC) presiding officers did not satisfy themselves that the assisted voters were illiterate. 

“Many of the assisted voters were not advised by the 5th respondent’s presiding officers that they could select a person of their choice to assist them,” said Ndlovu. 

He added: “There was overwhelming disregard of the provisions of section 59 of the Electoral Act (2:13) leading to an abuse of the facility relating to illiterate and physically handicapped voters with a view to favoring the 1st respondent.”

Ndlovu further argues that the non-compliance with section 59 of the Electoral Act (2:13) affected the results of the election, as there is a reasonable doubt as to who would have won the election had those voters voted either without assistance or strictly in terms of section 59 of the Electoral Act.

Ndlovu also accuses Nyoni of  taking down his campaign materials and intimidating voters. He is seeking a declaration that Nyoni was not duly elected on August 23, 2023 as a member of the National Assembly for Nkayi North constituency and that Nyoni’s seat in the National Assembly be declared vacant.