Mugabe won fairly - ConCourt

HARARE - Chief Justice Godfrey Chidyausiku yesterday said president-elect Robert Mugabe’s re-election was  fair and free.

Chidyausiku was speaking after dismissing MDC leader Morgan Tsvangirai’s presidential election challenge, which the former trade unionist was barred from withdrawing.

The Chief Justice declared that the “election was free, fair and credible”.

Chidyausiku handed the ruling despite Tsvangirai’s withdrawal of the application, arguing that a presidential petition was unique and cannot be terminated by a withdrawal.

“The purported withdrawal of the matter is of no legal force. In the result, the application is dismissed with costs,” said Chidyausiku.

Chidyausiku said according to the Constitution, a presidential petition can only be deposed of after a Constitutional Court determination, either declaring the election valid or invalid.

He said the validation of a presidential election meant that a president-elect would be sworn-in within 48 hours, but if it’s invalidated, a fresh election would be held within 60 days.

Chidyausiku said Mugabe was duly elected and the result reflected the will of the people of Zimbabwe.

Soon after the ruling, MDC spokesperson Douglas Mwonzora said the case was pre-determined, considering that Mugabe had made it clear during Heroes Day celebrations on August 12 that the election will not be overturned.

Mwonzora further said Mugabe had even announced the date of inauguration before the Constitutional Court’s ruling.

He said the fact that High Court judge Chinembiri Bhunu delivered his ruling — in which Tsvangirai was demanding material and information from Zimbabwe Electoral Commission — the same day that Chidyausiku handed the ruling, was “displeasing and unfair”.

“In 2008 president-(elect) Mugabe ran a one-man race and was declared president, in 2013 he has run a one-man petition and has won the petition. We had withdrawn this application, we have absolutely no interest in it,” Mwonzora said.

Mwonzora said the MDC had been denied justice, adding the Constitutional Court’s ruling had affected  95 petitions filed with the Electoral Court by declaring the election free and fair.

“The Constitutional Court should have made its decision yesterday (Monday), but chose to make it today (Tuesday). In our view, strangely, this will make it 48 hours to Thursday and for us that is too much coincidence,” Mwonzora said, adding his party will continue with the struggle to make sure the rule of law is upheld.

Terence Hussein, Mugabe’s lawyer,  expressed satisfaction at the court’s ruling, which he said had brought the electoral process to rest.

Comments (9)

A bunch of conmen who don't knkow the meaning of free, fair, credible. what school of law did these men attend. i thougth so too. Zanupf

ATZ - 21 August 2013

Yes RG Mugabe won fairly

Colonel - 21 August 2013

WHAT TYPE OF JUDGEMENT DID YOU EXPECT FROM A CONCOURT WHICH WAS HAND-PICKED BY THE FATHER OF ALL THIEVES, ROBERT LUCIFER MATIBILI MUGABE? WHO WOULD HAVE THE NERVE TO JUDGE AGAINST HIM AND RISK LOSING ALL THOSE PERKS AND A JOB OR EVEN LIFE? IT IS THUS NOT SURPRISING THAT THE JUDGEMENT, JUST LIKE THE ELECTIONS, WAS RIGGED. SHAME INDEED!

CHIPO CHIRARA - 21 August 2013

Regai nditi nerimwe zuva zvichapera

simba - 21 August 2013

Elections were free and fair based on what? The reserved verdict from the electoral court which has refused to release the "smoking gun" by kicking the request into the long grass? Mugabe is desperate for legitimacy, his appointed people on the bench will not give him that. Sanctions on this man and his cabal should remain.

Lt General - 21 August 2013

What took bhunu so long to decide that Tsvangirayi was asking for too much material. Besides its not his business to say the material is too much. It then means a presidential election material can never be verified bcoz there is always volumes of it. Ridiculous. Zec is supposed to conduct a verifiable election as per section 156a of the constitution.

magame - 21 August 2013

Late 2008 pavakatanga kubvumirana GNU Morgan akati "I HAVE THE KEY , I HAVE COME TO UNLOCK" 1) God does not want munhu ane pride . 2) God is very jealous , key yavo ndiyo yega inoshanda . Thats why watadza kutonga zvisinei nekuti fair or rigging . Humble yourself before the Lord first and you will take over .

chakuti - 22 August 2013

Mugabe stole 80% of the seats with only 40% of the votes... ANYBODY who considers that a "fair" election must have rocks in their heads !

David Laurie - 22 August 2013

Chitongai tione asi ma sanctions haabviswe pakadai

Talumwa - 22 August 2013

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