He argues that Guzah was not eligible to contest in the by-election because he was not a registered voter in the constituency.
Mliswa wants the court to nullify Guzah’s victory and declare him the winner.
Guzah polled 5 961 votes against Mliswa’s 4 239 ballots in the by-election held on June 10.In a petition filed at the Electoral Court yesterday, Mliswa also claimed that Guzah is an ex-convict.
He cited electoral malpractices as well as intimidation as the basis of his complaint.
“Having familiarised myself with the electoral law I can safely state that one cannot stand as a parliamentary candidate in a constituency in which he or she is not registered,” stated Mliswa in his affidavit.
He said he would prove at trial of the petition that Guzah who is cited as respondent was not registered as a voter in any of the wards in Hurungwe West.
To that end, Mliswa claims Guzah stood disqualified from contesting in the constituency.
“The fact that respondent is not a registered voter in Hurungwe West, whether by error, negligence or design, clearly impugns the respondent’s election and the electoral return that declared him the winner,” he said.
“Having considered the legal import of the foregoing this court (Electoral Court) is thereby enjoined to declare me the winner of the by-election due to my legitimacy.”
Mliswa further contends that Guzah’s previous conviction, coupled with his refusal to appraise electoral authorities of his criminal record barred him from holding office as a Member of Parliament.
“The fact that the respondent hid the essential information from the electoral authorities substantiates the allegation that the respondent committed electoral fraud. In that case he is disqualified from being a Member of Parliament,” he said.
Mliswa intends to lead evidence that Guzah and his agents engaged in widespread intimidation of the electorate.
“The most sinister of those intimidatory activities was the open deployment of military personnel at schools throughout the constituency, which declared that there would be widespread reprisal should I win the election,” he said.
He also accused Guzah of using traditional leaders’ influence in his political activities ahead of the polls and massive vote buying.
Guzah has up to three weeks to respond to the petition.
The Zimbabwe Electoral Commission on Monday cleared the air on the alleged bungling in handling the Hurungwe by-election.
ZEC declared that Guzah, was lawfully and procedurally nominated as a candidate for the Hurungwe West by-election though he failed to cast his ballot in the polls conducted on June 10.
Mr Musindo Hungwe of Kadzere, Hungwe and Mandevere instructing Advocate Tawanda Zhuwarara is representing Mliswa.