Con-Court decision surprises experts

HARARE - Commentators have expressed surprise at the decision by Chief Justice Godfrey Chidyausiku to summon to court today all parties involved in outgoing Prime Minister Morgan Tsvangirai’s election challenge following the withdrawal of his petition on Friday.

Tsvangirai had filed a Constitutional Court application seeking nullification of president-elect Robert Mugabe’s win.

The Zimbabwe Electoral Commission (Zec) announced that Mugabe won by 61,09 percent, while Tsvangirai got 33,94 percent, but the MDC leader said the election was rigged and demanded a re-run within 60 days.

But Tsvangirai dropped the legal challenge arguing he will not get a fair trial after the High Court delayed judgement in another case seeking access to full details of the results from the electoral commission.

After the withdrawal, Chidyausiku instructed all parties to appear before the Constitutional Court today, amid State-controlled media reports that a determination will be made notwithstanding Tsvangirai’s withdrawal.

Some legal experts said Tsvangirai’s withdrawal of the court case should put the case to rest and pave way for Mugabe’s inauguration.

The instruction for the parties to appear before the Constitutional Court has left some experts bewildered.

McDonald Lewanika of Crisis in Zimbabwe Coalition said, Zanu PF was eager to go through the court process to vindicate its win.

“The game now is to ensure that Tsvangirai is not only down but is kept out — through a triple-thronged defeat — electorally (election results), politically (Southern African Development Community endorsement) and legally (legal failure at the Con-Court),” Lewanika said.

Kudzayi Kadzere, a Harare lawyer, said by summoning the lawyers, the Chief Justice probably had something to say.

“They are the apex court in the country, the final arbiter and so they are empowered with wide powers, but it is curious why they want to hear a withdrawn matter,” Kadzere said.

Analysts say in all likelihood, pursuing the election challenge in court would not have resolved the political crisis.

“I said it before that the political crisis is too serious, that it is judicially insoluble in the current context,” said leading rights lawyer and MDC MP-elect for Dangamvura-Chikanga, Arnold Tsunga.

“Morgan did the right thing and probably the only thing that was left of him and he must be congratulated.”

In a statement, Tsvangirai said he withdrew the application after a resolution was reached by his party’s national executive, after his failure to secure evidence to bolster his case from the Zimbabwe Electoral Commission.

He also cites the court’s narrowing down of the petition to one based on affidavits, rather than going to trial, where several witnesses would be called to testify.

“Because of those two roadblocks placed our way it was futile to proceed with the case. It became very clear to us that this case was being predetermined,” Tsvangirai said.

He added: “Many of you have been made to believe that this marks the end of the road for us, that by withdrawing the court case, we have conceded defeat. Nothing could be further from the truth.

“The struggle has not ended. It is just starting. This was just the legal route. The struggle continues in the political arena. We have never closed our avenue to continue with the political struggle. This is a political crisis and it requires a political solution.”

Comments (29)

Ukadenha mago, chero wava kutiza, anokuruma chete.

reason - 19 August 2013

..............And Mago in this case are Zanoo and their Judicial junta sidekicks. It says a lot about this Nikuved process.

Mukoma lidzo - 19 August 2013

The withdrawal seem to expose the partisan nature of some senior individuals in the judiciary who seem to take instructions from the other political party. Chandinoziva ndechekuti chinobhururuka chinomhara.

chokwadi - 19 August 2013

The mistake that the has-been prime Minister, Morgan Richard Tsvangirai was to even to contemplate let alone to file a legal contestation of the presidential result because he had a weak basis considering that ZEC would never have allowed him to open ballot boxes. Perhaps, as many neutral analysis observed, the former GNU Prime Minister tsvangirai's major weakness was to rely on half-baked crooked lawyers headed by the dodgy Mwonzora.

Rabison Nyundo (THE HAMMER) - 19 August 2013

Really i am wondering kuti vaEatatnight AKA Chidyausiku vakavonga ipi. who knows , maybe they have indoctrinated the whole voters roll thing and ma balot boxes to give the same reflection as what their outcome portrayed people they had all the time to rectify izvi and now they may conveniently hand over the evidence as per your request hmmmm they might be all out to further embarrass Tsvangirai for having raised such a claim ................ im worried . ma conspiracy haaperi kwedu . Who knows vanhuweee, all the statements that we heard on the media before and during the elections are even more so contradictory to the ZANU pf as they gave away the indication that they knew of the outright win termed the landslide victory before the poll announcement, and they had all the right things to say , should you be a cry baby go to the constitutional court hence now we face the brick walling . On the other hand MDC make out to be a very predictable party and they tend to yada yada about all their intentions and are very gallable , Mugabe is smart , way ahead of you vanhuwee social networking my foot!!!! Were did it take us now we sink our heads deep in the sand for reality bites , vakahwina by ginya and we all to scared to cry out . Tiri makwara for a fact , typical Zimbabwean zvimwe kupusa . im tired of seeing all these sad faces hee mdhara akabirira all i wanna hear or see is what you will do about it PS: painting crap on the city walls rips jerk or as a consolation yeah its a start but really we need to be a united nation let us part from this selfish behavior yatiinayo , C10 munhu wo ukato muvhundutsira anotokwatawo . Chinonetsa apa tese tinofunga the same things but anotanga ndiye anoshaikwa , ichi chimurenga just like zvavarwirawo ma war vet . we are being oppressed by one of our own aiwa batanai mazimba shandai pamwe , kwete kuita basa remakuhwa . VASHUMBA

VASHUMBA - 19 August 2013

@reason...the majority of zimbabweans had not realised the concourt is supposed to be mago. Thanks for letting us know.

magame - 19 August 2013

CHIDYAUSIKU AND CON COURT BROUGHT THIS MERCY WHEN SADC AND THE ZIM DEMOCRATS CALLED FOR REFORMS FIRST BEFORE ELECTIONS KNOWING VERY WELL THAT ELECTIONS WON'T BE FAIR AND FREE (INTIMIDATION) WITHOUT REFORMS. Now that we are in this fraud vote they are trying to face off. Shame. ZPF FRAUD SQUAD IS IN THE EVERY STATE SYSTEM FROM THE BEGINNING. AFRICA AND THE WORLD HAVE IT FROM US THE ORDINARY ZIM THERE WAS NO FAIR AND FREE ELECTION IN ZIMBABWE. CHIDYAUSIKU KNOWS IT 100%. WHY REGISTERING US SELECTIVELY, WHY REMOVE NAMES, WHY BUSING PEOPLE, WHY INTIMIDATING THE POPULATION BY FORCING THEM TO SAY WE CAN NOT WRITE, WHY USE "ISRAELIS", WHY NO TO REFORMS, WHY VOTE BUYING ETC. IT IS THIS MASSIVE ELECTION RIGGING STRATEGY WHICH MADE ZANU PF NOT KILL PEOPLE THIS TIME. SINCE THE MDC-T ELECTION APPEAL IMAGINE WHAT WAS HAPPENING BEHIND THE SCENES WITH "ZPF RIGGING STAFF" TO TRY AND LEGITIMIZE THEIR FRAUD AND RIGGING. INTIMIDATION OF JUDGES, TEMPERING WITH EVIDENCE (VOTING MATERIAL) AND INTIMIDATION OF POSSIBLE WITNESSES. AS ZIMBABWEAN I DO NOT RECOGNIZANCE ZPF VICTORY. THANKS TB

MUKOMANA - 19 August 2013

the truth is there is no case against ZANU PF,the elections were free ,fair and credible.By the way which political crisis is this stupid M(ale)organ is talking about?There political crisis in MDC T and their sponsors(USA and EU) as to where they go from here after the embrassing defeat by ZANU PF and majority of us who voted them out.May your reporters stop feeling sorry for these guys by producing articles that seem to sympathize with them.

mupositori - 19 August 2013

SADC is also to blame for this death sentence being passed on the poor Zimbabweans who who voted overwhelmingly for PM Tsvangirai.But Lord God is watching these evil thugs who terrorising the innocent souls of Zimbabwe and surely God will punish them.MDC T should not attend the hearing,and let them pass on what verdict they have in our absence,shame on this cruel government.

josefa chinotimba - 19 August 2013

Chidyausiku feels offended. He, together with his friend Chinembiri Bhunu, had put roadblocks in Tsvangirai's court application to humiliate him but Tsvangirai's legal team realized the trick and quickly withdrew. You can fool some people some time Godfrey Chidyausiku but you cannot fool all Zimbabweans all the time!

Chabwino - 19 August 2013

Whether Chidyausiku recluses himself or not makes no difference because his influence will still PREVAIL. What they are trying to do is to dismiss the challenge in court with the hope of legitimising a stolen election BEFORE the so called inauguration. Whatever they do, the fake victory still remains HOLLOW in the eyes of the people who matter. How can we expect justice from such a grossly compromised judiciary system? SHAME! SHAME! SHAME!

Taonei Nhasi - 19 August 2013

The MDC-T is full of lawyers who claim to be experts at one thing or another,What surprises me is that why did anyone of them not know that one a presidential challenge was brought before the con-court the new constitution does not allow for a withdrawal of the matter?Where is all this so called expertise?These people are their own worst enemies.Politics is different from prcticing law!!!

Chirandu - 19 August 2013

Now I really see that there is something in a name e.g chidyausiku. Thank God is not a political God and when it comes to judging He is just and fair. watch out mr eatatnight and your other puppets. zec and nikuv zanu and mugabe

ATZ - 19 August 2013

One crucial element of democracy still missing in Zim is acceptance of defeat by losers!

Mutasa - 19 August 2013

Better luck next time.

Mutasa - 19 August 2013

Best wishes in next elections

Mutasa - 19 August 2013

People! There is nothing to be done until Mugabe dies! Just face that and wait - then it will all be over for ZANU-PF. They will eat one another like carrion!

Chivula Mapoti - 19 August 2013

Why do you think it'd called "Con" Court - it's just a huge Mugabe "con".

Chivula Mapoti - 19 August 2013

Manheru Vabereki nevaberekesi. Ndinemubvunzo mukuru kwazvo. Nhai akamboti Ma Chinja kana kuti MDC ndeyamwari ndiani, uye kuti Zanu PF ndeya Satani. Ndirikungonzwa kuti heee mwari vanoona, dai mwari aida MDC surely hapana aimbopikisa, taingoona arimatama ariku inauguratwa, but mwari vanoita zvinokodzera Zimbabwe, ndosaka, nanhasi Baba Chatunga vari, panyanga zvakare. Munoti tsvangi haanawo vanomuda here, inga akawana more than a million vanhu wani, asika akakundwa pa strategy, kedu Robbie ndokubva kazviita zvakare. So don't worry maface you will win next time, pama primary emuparty menyu, pan National politics tipeiwo nguva, musatipedzere nguva because hamugone basa kana imi kuoma henyu musoro, by the way hazvirambidzwi idemocratic change ohh sorry democratic right yenyu. Makrohwa even ku SADC moti mudhara aka riga futi ikoko, tipeiwo ma serious isu vamwe taneta taswera tichishandira nyika. Ndatenda hangu.

Sunungurai Matongo - 19 August 2013

Chidyausiku and the conCourt look for your faces in the mirror and then imagine your reputation before right thinking Zimbabweans.After that the answer is very clear for you because the people are not stupid.

chimwango - 19 August 2013

FOR all the going events it clear the MDC has done the right thing faced with the circumstances of going to war with no arms or any weapon fighting am army with Guns, missiles, Jets and all sorts of military hardware makes no sense and logic. True not all battles are for the electoral process and not all battles are resolved in courts. In some cases there are natural answers that do not all for any form of physical involvement but tormented spirits of a nation can eqauly turn the tables up side down for those who keep the divine order of creation. The road blocks set by Sadc, AU, UN, and the Zanu PF party and its biased legal system are a recipe for a prolonged suffering of Zimbabweans. It is a shame that The country's system has people the people it is meant to protect. The sense of having this legal system as a symbol of national importance has been washed away. Those who sit on bench must now understand that they have failed to uphold the code of ethics for the jobs they have taken years to study and practice. A stain that will not be easy to remove.

Dasukinternational - 20 August 2013

Whoever invented the mdc please take this miserable pathetic party away to the dustbins of rural America as they have brought nothing but ruins to our once prosperous country. I really hate this filthy party put together by foreign mad idiots to ruin our nation. Go hang all of you including the media that support them. You are a waste of intellect fighting for no just cause.

Joey - 20 August 2013

Courts no courts we will take you down. SADC AU Nikuv, we will accomplish what we voted for.

tonderayi mlambo - 20 August 2013

This was a well choreographed soap opera by Zanu and its functionaries in the Judiciary. The Thief Justice dishonourable Chidyausiku, sorry I meant Chief Justice honourable was suppose to humiliate and confirm Zanu's victory in the courts from the Electoral Court to the Concourt. Chinembiri Bhunu, in my opion was going to hustly call parties for his determination on Saturday and direct ZEC to give the MDC everything they wanted but of course ZEC would give them whatever they would want to knowing that the MDC would have to approtch the courts again if they failed to get everything as directed by the court. The concourt was sitting on the same day hours after this to determine the MDC'S challenge, however because of time constraints, MDC would not be able to extract enough evidence to annul the election results thus the concourt was going to rule in favour of Zanu. So the MDC withdrawal left the thief justice with egg on the face and it also robbed him of a popular defeat of the MDC, in the eyes of Zanu the last nail into the MDC coffin. So imagine in the corridors of Zanu Chidyausiku fuming how dare Tsvangirai withdraw his application, there is no way I am going to allow it, we will summon them!

Ben - 20 August 2013

chiregai dzive shiri mazai hana muto.

foxie - 20 August 2013

@Sunungurai Matongo.... Zanu(PF) inoonekwa huSatani hwayo nekudimbura vanhu maoko kuita short or long sleeve. Can you believe that up to now hapana kana one of the perpetrators of violence who was arrested? Think of Biggie Chitoro, Mwale and many others because they are ZPF they were never arrested. So what do you make of such a group of people, who use state machinery to commit violence against the ordinary unarmed populace.....to say they are Satanists is to be mean with words!

charles charingeno - 20 August 2013

Tight, the whole process was rigged. The Judges, The elections, Zec, The economy, SADC. No way Mr Tsvangirai, well tried now we wait for the Almighty. Zvaonekwa Save maedza penyu kungoti we are dealing with a Mafia kinda system

zvichapera - 20 August 2013

The whole voting process had several disparities which still boogle the mind. All the MDC needed was closure had the material requested granted. Why refuse with the material if beyond reasonable doubt you have won..Anywae politics is never fair and theres no level ground to talk of. MDC slept on duty.It was its prerogative to ensure the election was as "credible" as could have been possible when they entered into the GNU. How can you talk of reforms at the eleventh hour? Truth said Tsvangirai did not efficiently utilise his time and muscle while PM, but all being said and done, you fought a good fight .

Madasa - 23 August 2013

Well, this will be a total worst unless the MDC can learn some lessons from this whole experience. I am sure in retrospect the MDC can see what could have been done differently. The court aside, the MDC can still rebuild.

blessing - 25 August 2013

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