8.2.
The mention of ‘Alexandra Mujayi’ and ‘Oliver Mafungo’, by the applicant, is
not linked to any other relevant information such as the villages they are said to
head, polling stations that they are said to have acted as agents, the political
party or candidate for whom they are alleged to have so acted.
8.3.
Further, the applicant lodged no complaint with the Electoral Commission in
terms of s239(k) of the Constitution of Zimbabwe viz. the incidents of use of
traditional leaders in electoral processes that he alleges. The matters thus did
not come to the Electoral Commission’s attention for resolution.
8.4.
Regarding the ‘rogue elements’ the applicant refers to as identifying
themselves as being from the security sector, the averment is lacking in
particularity that there is no cogent way to plead to it. No specific incidents are
referenced. No affidavits by affected voters are furnished. All that is presented
are bald and general averments, which, in motion proceedings, serve to establish
nothing.
8.5.
The lack of specificity, with respect, cannot then demonstrate as the
applicant seeks to do, that the 23rd respondent has breached its constitutional
and statutory duties, more so where the weight of reports by regional and
international election observer missions have endorsed the 2018 general
election as having been conducted in a peaceful, free and fair manner.
9. Ad Para 4.5.6- 4.5.7
No issues.