By Staff Reporter
A registered voter, Raymond Dudzayi Gombeza, has taken legal action by filing an application at the Bulawayo High Court seeking to prevent deputy industry minister Rajesh Kumar Modi from running for a parliamentary seat in Bulawayo South.
The reason for this is that Modi submitted his candidacy papers after the 4 PM deadline, which Gombeza believes violates electoral laws.
Gombeza filed an urgent chamber application, claiming that Zimbabwe Electoral Commission (Zec) nomination officer Innocent Ncube’s decision to accept Modi’s papers violates the electoral laws.
This comes just after the disqualification of 12 CCC members for the same reason.
In his application, Gombeza mentions Ncube as the primary respondent, while ZEC, Modi, and the ZEC chairperson are listed as the second to fourth respondents.
“The disarray resulted in Modi being turned away by the nomination court in order to rectify the fatal defects that were in his papers. By 16:00 Modi had not submitted nomination papers before the nomination court. In addition Modi was not within the nomination court room and or premises.
“Instead, frantic and last minute efforts were being made by Modi to comply with the requirements of procedure at law,” he explained.
He also said during nomination court on June 21, Modi’s papers were not in order, but surprisingly, Ncube’s court accepted them after 16:00 pm on the same day.
Gombeza said the court sat the following day for purposes of accepting Modi’s papers.
He said Zec and Ncube’s actions were in contradiction of the laws.
Gombeza added his direct and substantial interest in the subject matter of the suite emanates from his standing as a Zimbabwean national and registered voter in the constituency of Modi, which is Bulawayo South.
“In these capacities, I have an undeniable interest in all persons seeking to represent me, and the legality of their nomination.
“I cannot, in earnest, turn a blind eye to unlawful nominations with the capacity of giving rise to unlawful elections.
“The issues concerned herein are therefore in no way abstract, academic, or hypothetical – whether in respect of me or the general voting populace.
“I accordingly aver that I have a direct and substantial interest in the subject matter of the suit which could be prejudicially affected by the judgment of the Court,” he submitted.
Gombeza said there was therefore no factual or legal basis for the continued consideration and acceptance of Modi’s nomination papers, after the adjournment, and during a non-nomination day.
The matter is pending hearing.
