ZIMBABWE’S entire Supreme Court bench will on Tuesday sit to consider an appeal by Tsholotsho North Member of Parliament Professor Jonathan Moyo [Zanu PF] which seeks to nullify the election of MDC-T Chairman Lovemore Moyo as Speaker of the House of Assembly.

The full bench comprising Chief Justice Godfrey Chidyausiku, his deputy, Luke Malaba, as well as Justices Wilson Sandura; Vernada Ziyambi and Paddington Garwe only sits when handling a constitutional case.

Professor Moyo appealed to the Supreme Court after his case was dismissed by High Court judge Bharat Patel in March.

The Zanu PF legislator alleges that there were gross constitutional violations in the poll for Speaker which was conducted on August 25, 2008.

He said the High Court found that some MDC-T legislators openly displayed their votes, deviating the process from the secret ballot system.

“However, during the election process there were several deviations from the procedure prescribed as appears from the papers and exhibits filed herein,” the heads of argument read.

Moyo further claims that the election was disorderly resulting in Zvoma “helplessly throwing his hands in the air and abdicating his duties of conducting the election”.

This, Prof Moyo argues, led to the election being held without the supervision of the Clerk of Parliament in accordance with the Constitution, which imposes the obligation of conducting the election of Speaker on the Clerk.

“It is submitted that it was an express term of the law that the first respondent (Zvoma) is to conduct such an election.

“However, in breach of this and as was clearly found by the court, (Zvoma) for reasons best known to himself either lost control of proceedings or refused to stamp his authority on them,” Moyo argues.