Masvingo lawyer Owen Mafa of Mutendi, Mudisi and Shumba Legal Practitioners has approached the High Court suing the Zimbabwe Electoral Commission (ZEC), Econet Wireless Zimbabwe, Zanu PF and Gutu West Zanu PF parliamentary candidate, John Paradza after he received a text message urging him to vote for Emmerson Mnangagwa and Zanu-PF.
Mafa cites Econet Wireless Zimbabwe, Zanu PF, ZEC and Paradza as the first, second, third and fourth respondents respectively. In his application, Mafa says he received a text message with information he had provided only to ZEC when he registered as a voter. He is suing Econet because it facilitated the sending of the text message which he never consented to. Part of his application reads:
On July 7, 2018, I was puzzled to receive a message from the second and fourth respondent on my contact details that I had solely provided to the third respondent. The messages were sent on my mobile number wherein the second and fourth respondent were urging me to vote for them and their presidential candidate Emmerson Dambudzo Mnangagwa. I had not at any time consented to the conduct of the second and fourth respondents. I am advised that the first respondent’s conduct of facilitating the conduct of second and fourth respondent contravenes the provisions of the Postal and Telecommunication Regulatory Authority of Zimbabwe (Regulatory Circular on Unsolicited Bulk SMS) Regulatory Circular No. 2 of 2013 as read together with Section 4 of the Postal and Telecommunications Act Chapter 12.05 of 2000. The conduct of the respondents was therefore unlawful and should be declared as such.
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