A JUDGE ruled Tuesday that Lovemore Moyo’s election as Speaker of Parliament in August 2008 was legitimate, although finding that there was “disorder” in the chamber.

Four MPs challenged Moyo’s election as flawed, arguing that legislators from his MDC party publicly displayed their completed ballots in breach of parliamentary rules which say the Speaker should be voted by “secret ballot”.

High Court Judge Bharat Patel described the vote as "exuberant" and said while some MDC members had shown their ballot papers to colleagues, the actual voting was done in secret.

"It's clear that all members marked their ballot papers in secrecy and none were coerced to vote for any candidate," Patel said. "The application is therefore dismissed with costs."

The four MPs – Professor Jonathan Moyo (Zanu PF), Moses Mzila Ndlovu (MDC-M), Patrick Dube (MDC-M) and Siyabonga Ncube (MDC-M) -- said they would launch an appeal against the ruling with the Supreme Court.

Professor Moyo (Zanu PF, Tsholotsho North) said: “We respect the judgement but strongly disagree with it, so strongly that we are able to file our appeal on the same day of the judgment.”

Prof Moyo said they had “strong reasons to believe that the judge misdirected himself”.

He added: “We are pleased that the judge said the issue was not malicious, he said that on record. We are pleased that he dismissed all preliminary issues the respondents raised and left two issues, namely whether the environment was chaotic and disorderly to the point of non-compliance with parliamentary rules, and whether the secret ballot was violated.

“We disagree with his finding that while disorder was there, this was not enough to nullify the election. The constitution is clear that the election should be held in accordance with parliamentary rules set by the Clerk, and these were not complied with.

“The judge said his understanding of secret ballot is the act of voting in a booth secretly, not what happens after. That, in our view, is a narrow interpretation of secret ballot ... it’s the ballot paper that must be secret, not the vote.

“The judge agreed that a number of MPs left the ballot booth with their ballots which they openly displayed. He said Tendai Biti (Finance Minister and MDC secretary general) displayed his ballot to other MPs, but described this as ‘impolitic’. We disagree, it was not impolitic but unlawful.”

Prof Moyo said Biti, who was fifth to cast his ballot by alphabetic order, was “showing his MPs how to vote”.

The Supreme Court appeal is likely to focus on Justice Patel’s interpretation of “secret ballot”.

“If we follow what the judge has stated, and ask Zimbabweans at the next election to openly display their ballot papers after voting, there would be chaos. We might as well just ask people to raise their hands and count their votes that way, but that in a civilised society cannot be described as a secret ballot,” Prof Moyo said.

Speaker Moyo, who stood down as MP for Matobo North, won by 110 to 98 votes against Paul Themba Nyathi of the MDC led by Arthur Mutambara.