The Supreme Court has nullified the election of the Speaker of the House of Assembly, Mr. Lovemore Moyo following an appeal by Tsholotsho North legislator, Professor Jonathan Moyo to have the election of the Lower House Speaker nullified due to irregularities during the voting process.
Professor Moyo and three MDC-M legislators, Moses Mzila Ndlovu, Siyabonga Ncube and Patrick Dube had challenged the election of Mr. Lovemore Moyo as Speaker of the House of Assembly in 2008, arguing that the process had no secrecy and violated house rules as some MDC-T legislators openly displayed their marked ballot papers before depositing them in the ballot box.
An earlier High Court ruling by High Court judge, Justice Patel had upheld the election, but the legislators led by Professor Moyo appealed to the Supreme Court.
The legislators won the land mark ruling after a full Supreme Court bench led by Chief Justice, Godfrey Chidyausiku.
Clerk of Parliament, Mr. Austin Zvoma said the legislative body is going to comply with the terms and conditions of the judgement which means the position of the Speaker of the Lower House of Assembly is now vacant.
â€œSection 39 of the Constitution say the first business of the parliament is to elect a Speaker and a Deputy Speakerâ€¦Now that some sections of that have been nullified due to non-complianceâ€¦ the Lower House cannot transect any business before electing a Speaker,â€ Mr. Zvoma said.
Mr Zvoma said his team was now studying the constitution a bid to come up with a proper election framework.
The Lower House of parliament was expected to resume business on the 22nd of this month, but this is now in doubt.
However, the Supreme Court ruling does not affect the position of the Deputy Speaker as well as President of the Senate.