professor jonathan moyo.jpgThe Supreme Court on Tuesday reserved judgment in an appeal case by Tsholotsho North Legislator, Professor Jonathan Moyo who had applied for the nullification of the election of Mr. Lovemore Moyo as Speaker of the House of Assembly.

Professor Moyo and fellow legislators Moses Mzila Ndlovu, Patrick Dube and Siyabonga Ncube, all of MDC-M, were arguing that Mr. Lovemore Moyo’s election did not comply with the provisions of the constitution.

 

The appeal was made in March this year following a High Court ruling by Justice Bharat Patel that dismissed Professor Moyo’s application to have the election result reversed.

 

Through his lawyer Mr. Terrence Hussein of Hussein, Ranchhold and Company, Professor Moyo was alleging that there were gross constitutional violations in the poll conducted on August 25, 2008.

 

He argued that following the exposure of ballot papers during the voting process by six MDC-T Parliamentarians, this led to the election being held without the supervision of the Clerk of Parliament in accordance with section 39 of the constitution.

 

Chief Justice Godfrey Chidyausiku heard the appeal together with Deputy Chief justice Luke Malaba, Justice Wilson Sandura, Justice Vernada Ziyambi and Justice Paddington Garwe as a full Supreme Court bench.

 

The full Supreme Court bench sits only when handling a constitutional case.

 

The Clerk of Parliament who is the first respondent was represented by counsel to Parliament Ms Choice Damiso while the second respondent the Speaker of Parliament was represented by Advocate Mathew Chaskalson instructed by Mr. Chris Mhike of Atherstone and Cook.

 

The defence counsel was seeking the court to use its discretion to dismiss the appeal arguing that Parliament enjoys the Parliamentary Privileges and Separation of Power and hence the appellant should have exhausted all the processes before approaching the courts.