BULILIMA — Dingimuzi Phuti was reinstated as MP for Bulilima on Monday after the High Court rescinded a default judgement in an election petition brought by Bekezela Maplanka of the Citizens Coalition for Change (CCC).
Justice Bongani Ndlovu granted Phuti’s application for rescission of judgement, ruling that he was not properly served with a notice of Maplanka’s election petition in which she asked the Electoral Court to nullify the Zanu PF candidate’s victory over a string of electoral malpractices.
Phuti had won the August 23 election after polling 7,185 votes, beating Maplanka who came second with 6,660 votes. ZAPU’s Artwell Ndlovu polled 933 votes while Aleck Moyo of MRP had 509.
Maplanka went to court seeking the nullification of the election outcome, arguing that “voter intimidation, rigging and vote buying… produced an undue return.”
Justice David Mangota awarded Maplanka a default judgment nullifying the poll outcome after Phuti did not oppose the application. The also ordered the Zimbabwe Electoral Commission (ZEC) to run a fresh election in the constituency.
Justice Ndlovu accepted Phuti’s arguments on Monday that he never had sight of the papers.
Phuti, is also the deputy minister of agriculture and rural development.
Maplanka’s legal team said they would file an appeal against the ruling and seek a stay order to prevent Phuti from remaining as the MP for Bulilima.
“Maplanka has already instructed us to note an appeal and consider a review application as well,” her lawyer Khulekani Sibanda of Mathonsi Law Chambers said.
