BULAWAYO High Court judge Justice Bongani Ndlovu has granted Zanu PF Bulilima legislator Dingumuzi Phuti’s application for rescission of a default judgment passed against him.
A default judgment was granted in Bekezela Maplanka’s favour by Justice David Mangota after he challenged the constituency poll results for the August 23 to 24 harmonised elections.
Phuti’s lawyer Nqobizitha Ndlovu filed an urgent application against the default judgment arguing that his client was not properly served with the petition as provided for in the Electoral Act.
“Honourable Phuti was not served with the election petition. The papers were not served by the sheriff. They were served by a person who purports to be a clerk from the other party’s lawyers,” Ndlovu said.
“The certificate of service is dubious as it says that the petition was served at a primary school but in terms of the Electoral Act, an electoral petition has to be served personally or at the place of residence or business of the person who is being petitioned.”
Maplanka’s lawyer, Khulekani Sibanda yesterday said: “Their application for rescission was granted. The honourable judge seemed to say that the certificate of service,the way it was crafted, does not give him confidence that the applicant had been served. There were many preliminary points in the matter,” Sibanda said.
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Maplanka had challenged Phuti’s victory at the High Court, arguing that there was voter intimidation, rigging and vote-buying which led to Phuti’s victory.