Technicality cannot decide Nduna’s legitimacy: Court

THE Supreme Court yesterday said an appeal filed by MDC Alliance candidate for Chegutu West, Gift Konjana, challenging the election of Dexter Nduna (Zanu PF) — who was erroneously declared the winner by the Zimbabwe Electoral Commission (Zec) — was of national importance.

Deputy Chief Justice Elizabeth Gwaunza, Justice Rita Makarau and Justice Antonia Guvava unanimously agreed that Konjana’s appeal could not be decided on technical issues raised by the lawyers.

The determination by the three judges to have the matter removed from the roll came about after Konjana’s lawyer Advocate Zvikomborero Mafukidze, had urged the court not to entertain
Nduna’s lawyer Advocate Tawanda Zhuwarara, on the basis that he failed to submit heads of argument on time.

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