Election petition: Ruling reserved

HARARE - Lawyers representing President Robert Mugabe said the Electoral Court has no jurisdiction to deal with outgoing Prime Minister Morgan Tsvangirai’s election petition, as High Court Judge Chinembiri Bhunu reserved ruling yesterday.

Tsvangirai is requesting materials and information that he intends to use in contesting the just-ended July 31 presidential election that saw Mugabe winning by 61,09 percent, while he got 33,94 percent.

Mugabe’s lawyer Fred Gijima yesterday told Bhunu that the Electoral Court had no jurisdiction to hear any application or any matter or interlocutory matter that is related to the election of the president.

“The most important point that turns for determination is the issue of jurisdiction. After hearing arguments from both parties, the honourable judge then reserved his judgment and he indicated that he was going to give a written judgment in due course,” Gijima said.

However, Tsvangirai’s lawyer Lewis Uriri said: “The inspection of documents is the exclusive domain of the Electoral Court in terms of the Electoral Act itself. We need access of those materials to be able to sustain our submission that there was an undue return. We need those materials to demonstrate beyond doubt that the election was improperly conducted, to demonstrate that the will of the people is not reflected in that election and there must be a reason why they do not want to make provision of that material.”

Uriri said arguments were made claiming that Tsvangirai was approaching the court with dirty hands, after he expressed doubts on the court’s impartiality. 

“We know of no rule of law which says that one who has expressed an opinion should be debarred even if he were in contempt of court,” Uriri said.

The MDC leader has since filed a Constitutional Court application, seeking to nullify the result — putting Mugabe’s inauguration on hold. The case will be heard on Saturday.

To boost his case Tsvangirai made an application to the Electoral Court, seeking permission to get access to some materials and information from the Zimbabwe Electoral Commission (Zec).

“I am aggrieved by the outcome of that election and am challenging the outcome of that election in the Constitutional Court. For the purposes of preparing and filing my election petition, I intend to study and analyse the election material used in the election to partly support my contention that the election conducted on 31 July 2013 produced an undue return,” Tsvangirai said.

Comments (11)

I believe MDC T won the election and I can write a book about my conclusion. For those that do not know, all the data requested by MDC T is already available through the collating process (adding the polling station figures into the ward, then the ward totals make a constituency total right up to the national total). In other words you can't have the national figure without the breakdown as requested by MDC T. Zimbabweans should also know that the Electoral Act requires that the election be free, fair, transparent and verifiable. Until the information is provided then there is nothing transparent and the results cannot be verified. So the request is noble, feasible and comes at no additional compilation cost as explained above. Having said that the question is why ZEC has not released this information two weeks after the request? Why were Zimbabweans frog marched and ambushed (rushed) to this election by ZPF and its machinery (mudede, ZEC, judiciary, chinamasa, Nikuv, etc)? Why the constitution was violated left right and centre? Why numerous sections of the Electoral Act, Broadcasting Act, Presidential Powers among others were violated and abused? Why was it rushed, why were millions denied their rights to vote (both at registration and voting stages)? Now that thousands were denied chance to vote why is ZEC not petitioning the concourt to allow these to vote? What are they hiding by withdrawing this basic information? ZPF knows it did not win and so is every level headed person. For once think about it my fellow Zimbabwean as you seek answers to the questions above.

Simon - 15 August 2013

MUGABE IS NOT CONSISTENT, HE HAS A LAWYER WHOM HE ASKS TO ARGUE A CASE ABOUT AN ELECTION WHICH HE RIGGED AND THE WHOLE WORLD KNOWS(INCLUDIND SADC OBSERVERS< ONLY THEY ARE TOO SCARED TO SAY WHAT THEY SAW). Now, the million dollar question is, do all the ZPF supporters really know what their 33 leader did to the voters roll by the help of Nikuv, a shadowy Israeli firm once dragged to the courts in Zambia after helping to rig the elections in Zambia in 1996. This is the Zambian story. In 1996, all the major opposition political parties then led by UNIP boycotted the presidential elections due to suspicions of intentions by the MMD under Fredrick Chiluba and Michael Sata as minister without portfolio. One of the outstanding accusation by UNIP was that the ruling Movement for Multi-party Democracy (MMD) used tricks by double printing voters cards to enable MMD party members vote twice. Tthe double-printing-of-ballots was used in Zimbabwe and it resulted in 35% more ballots, 30% more than the set limit according to SADC guidelines. Food for thought. These facts only point to a painful and embarrasing fact. MUGABE RIGGED THE ELECTION. If not, why not comply with the requirements which the MDC-T is insisting on? It's painful to note that Zanu PF supportrs are being used to support an illegitimate president yet they are the ones wallowing in poverty while the head of state is flourishing in riches at their expense. Only a small bunch of clever guys from MDC are seeing this, and they have been doing so for 14 Years now.....

NIP ISRAEL - 15 August 2013

MUGABE IS NOT CONSISTENT, HE HAS A LAWYER WHOM HE ASKS TO ARGUE A CASE ABOUT AN ELECTION WHICH HE RIGGED AND THE WHOLE WORLD KNOWS(INCLUDIND SADC OBSERVERS< ONLY THEY ARE TOO SCARED TO SAY WHAT THEY SAW). Now, the million dollar question is, do all the ZPF supporters really know what their 33 leader did to the voters roll by the help of Nikuv, a shadowy Israeli firm once dragged to the courts in Zambia after helping to rig the elections in Zambia in 1996. This is the Zambian story. In 1996, all the major opposition political parties then led by UNIP boycotted the presidential elections due to suspicions of intentions by the MMD under Fredrick Chiluba and Michael Sata as minister without portfolio. One of the outstanding accusation by UNIP was that the ruling Movement for Multi-party Democracy (MMD) used tricks by double printing voters cards to enable MMD party members vote twice. The double-printing-of-ballots was used in Zimbabwe and it resulted in 35% more ballots, 30% more than the set limit according to SADC guidelines. Food for thought. These facts only point to a painful and embarrasing fact. MUGABE RIGGED THE ELECTION. If not, why not comply with the requirements which the MDC-T is insisting on? It's painful to note that Zanu PF supportrs are being used to support an illegitimate president yet they are the ones wallowing in poverty while the head of state is flourishing in riches at their expense. Only a small bunch of clever guys from MDC are seeing this, and they have been doing so for 14 Years now.....

NIP ISRAEL - 15 August 2013

zvimwe zvinhu zvinopedza power

karuru - 15 August 2013

only our Father in Heaven knows the truth of what happened. Am just wondering what Tongogara, Chitepo, Hunzvi?, Sally, Manyika, Nkomo Joshua, Masuku the heroes of the struggle would have said about all that is happening here.

lola - 15 August 2013

They would turn in their graves, as would Ian Smith and all those white farmers who (grudgingly, I must admit) handed over The Jewel of Africa, to the LOOTERS! Now Zimbabwe is like a lump of coal!

Chivula Mapoti - 15 August 2013

puppet iro support yarakawana 2008 yakuchina nokuti rakaita ma sex scandals no money for civil servants asi you said you have friends witt a lot of money mdc tahiti i believe it is leaderless

mambo - 15 August 2013

Mambo you obviously so shallow minded to call what Tsvangirai did during his search for love as a scandal. Compare that so called scandal with the many murders that Mugabe did and continue to do and then ask Zimbabweans what they would choose between love and murder.

bvepfepfe - 15 August 2013

@MAMBO,l agree with bvepfepfe you are very stupid to the core ,your reasoning capacity is that of a chicken .What he did was after her wife had died what about your beloved president who had an affair and ended up having kids with his secretary whilst his wife AMAI SALLY was still alive & sick in bed.SO do you call this being a leader ,If again there is another secretary in his office he is going to do it again becoz it is part of his benefits that is what you ZANU supporters want because you like winning ERECTIONS at all costs.

TERRORIST - 15 August 2013

It is now very clear that ZEC worked in cahoots with Mugabe to rig the election. If its an Independent and impartial body and if they have nothing to hide , why does one have to go to court to get a basic document like the voters roll.

Tiri Hungwe - 16 August 2013

Guys, mambo is the shallowest person I have ever seen to comment, aaaaah! Umwe munhu anototi baba ipapa. Ende ndayara henyu mufunge. asi anogara kusina kana network, I wonder kt awanepi 4n kana computer.. He is so very misguided. Dai akaverenga chero Kwayedza zvaro he might be enlightened about political issues. Zanu PF worked in cahoots with Nikuv to steal elections. If Zimbabweans like Zanu PF why does it engage thieves like Nikuv, who have a history of being dragged courts, esp in Zambia for rigging.

NIP ISRAEL - 16 August 2013

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