HARARE – Parties to the election petition by the MDC Alliance led by Nelson Chamisa met today at the Constitutional Court Registry to consolidate the record in preparation for the hearing of the challenge on Wednesday.
The pre-trial meeting saw litigants with the help of justice officers defining the issues and determining the way the actual contestation will proceed.
The meeting was also held in compliance with an order issued last week by Chief Justice Luke Malaba at a case management meeting held in his chambers.
MDC Alliance legal team representative, Advocate Sylvester Hashiti said they are impressed with the preparations ahead of the hearing on Wednesday.
“So far so good, we are just waiting for the final day, we are seeing all going on well,” he said.
Zanu PF legal team representative, Tinomudaishe Chinyoka said they are ready for the hearing of the court challenge.
“We are always ready for any challenge and we anticipate everything to go well,” he said.
The meeting was held after the filing of all the necessary court papers for the challenge to ensure the record will be in order.
In two days’ time‚ Zimbabwe’s Constitutional Court will sit to hear a challenge against the presidential election results brought nearly a fortnight ago by MDC Alliance leader Nelson Chamisa‚ the 40-year-old challenger that stood against President Emmerson Mnangagwa‚ the 75-year-old incumbent‚ in the July 30 election.
It is the last stop in the long-drawn-out political contest that has put the nation on edge in the country’s first election without long-time former ruler Robert Mugabe.
Chief Justice Luke Malaba will lead a full bench of nine judges of the Constitutional Court. After the hearing‚ the nine justices will have until August 24 to announce their decision.
At a media briefing in Harare on Monday‚ Chamisa‚ was in his usual form — full of bravado and insistent that the Constitutional Court would declare him the winner of the polls.
He said his party had put a “strong case” before the top court.
His legal team boasts of high profile lawyers from South Africa that include advocates Tembeka Ngcuikaitobi and Dali Mpofu. The latest inclusion in his legal team is Jeremy Gauntlett SC.
Chris Mhike of Atherstone and Cook law firm and one of his lawyers on Friday applied for an exemption certificate from the Justice Minister‚ Ziyambi Ziyambi‚ in order for Gauntlett to be allowed to practice in the country and to represent Chamisa.
“Because of the sophisticated and specialised nature of the case‚ we intend to instruct an advocate with the expertise that we expect to be applied in advancing our client’s interests‚” said Mhike.
Chamisa said he was very happy that they had put together an A-Team of experienced‚ tested and veteran legal experts drawn from the best minds in the country and region.
“These are led by our finest and our best in terms of legal minds and this team has been working tirelessly to protect your victory. We do not expect to get anything less from them. Their assurances are as good as gold‚ victory is certain and change is coming‚” he said.
He claimed that Zanu-PF also did not have a two-thirds majority‚ even in the rural areas‚ and his party would soon be challenging about 40 constituencies won by Zanu-PF.
The high-profile nature of the case has seen authorities grant permission for it to be beamed live by the state broadcaster‚ the Zimbabwe Broadcasting Corporation (ZBC). The ZBC is allowed to sell its live feed to other broadcasters.
A notice from the Judicial Service Commission (JSC) also said that main roads leading to the Constitutional Court would be closed from 5am until 9pm.
Walter Chikwanha‚ secretary of the JSC‚ said due to the small size of the Constitutional Court‚ only 50 people would be allowed inside‚ while a marquee would be erected outside that could accommodate up to 500 people.
“We have created an extension of the court that will be able to accommodate around 500 people. It will be for members of the public‚ press‚ diplomatic community and election observers who would want to witness the hearing‚” he said.
Meanwhile‚ the ruling Zanu-PF on Monday filed its heads of argument with the court. The MDC Alliance did the same at the weekend.
Ngcukaitobi and Mpofu flew in on Friday into Harare to “help prepare” the heads of argument for the party.
Paul Mangwana‚ the Zanu-PF secretary for legal affairs and a member of Mnangagwa’s legal team‚ said they were prepared for the court showdown.
Asked by journalists if he would accept the top court’s ruling even if it was not in his favour‚ Chamisa said he would first assess the process and then make an appropriate pronouncement.
“What we can’t do is before the fact to say we accept whatever comes. What if the verdict is to hang us? We have not asked for that kind of relief so why do you want us to just accept. We will wait for the adjudication of the matter‚” he said.
Parliamentary and civic rights watchdog Veritas Zimbabwe said the Constitutional Court had several options‚ including:
Confirmation of the Zimbabwe Electoral Commission declaration on August 3 that Zanu-PF’s Emmerson Mnangagwa had won the election with 50.8% of the votes;
Declaring the MDC Alliance’s Nelson Chamisa as the winner‚ even though the ZEC said he received only 44.3% of the votes;
Invalidating the election‚ in which case a new vote must be held within 60 days; and
Making another “just and appropriate” order.
Veritas said: “This could include a recount of votes‚ or a run-off if the court finds that none of the candidates had a 50%-plus-one-vote threshold.”
We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking “Accept”, you consent to the use of ALL the cookies.
This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary cookies are absolutely essential for the website to function properly. These cookies ensure basic functionalities and security features of the website, anonymously.
Cookie
Duration
Description
cookielawinfo-checkbox-analytics
11 months
This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics".
cookielawinfo-checkbox-functional
11 months
The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".
cookielawinfo-checkbox-necessary
11 months
This cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary".
cookielawinfo-checkbox-others
11 months
This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other.
cookielawinfo-checkbox-performance
11 months
This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance".
viewed_cookie_policy
11 months
The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data.
Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features.
Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.
Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.
Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.