Justice Joseph Mafusire on Thursday reserved judgment in a matter in which Minister of State in the Prime Minister’s Office and former Mt. Pleasant legislator Jameson Timba wants the Zimbabwe Electoral Commission (ZEC) to be allowed to open and examine election materials used in his constituency.
Timba, who lost to Zanu PF’s Jason Pasadi in the July 31 election, is alleging the ZEC announced two sets of results at the end of the election.
One of Timba’s lawyers explains that ZEC announced that 18,092 had voted while at the constituency centre it was announced that 12,165 had cast their ballots.
Timba is also alleging that there many police officers who voted in Mt. Pleasant do not reside there and wants the voters roll and other election material availed to prove the irregularities.
He wants the evidence to prepare for his election petition to invalidate the results.
But ZEC lawyers Tawanda Kanengoni and Charles Nyika are opposing Timba’s application saying it is not supposed to be before the courts.
They argue that the opening of ballot boxes and other election material can only be done for the purpose of a petition questioning or criminal prosecution.
The MDC is challenging presidential results and results in 100 national assembly constituencies.