IN LIMINE
i.
No valid application has been filed by the applicant challenging the election of
the 1st respondent to the office of the President of the Republic of Zimbabwe, in
terms of s93 of the Constitution of Zimbabwe as read with the Constitutional
Court Rules, 2016.
ii.
In terms of s93(1) of the Constitution, a challenge to the validity of an election to
the office of President is instituted by way of a petition or application lodged
with the Constitutional Court within seven days after the date of the declaration
of the results of the election. Being a period prescribed by statute, the seven
days provided by s93(1) of the Constitution are reckoned with the inclusion of
Saturdays, Sundays and public holidays. The time for lodging a petition in terms
of s93(1) thus expired on the 10th of August 2018.
iii.
In terms of r23(2) of the Constitutional Court Rules, the application provided for
in terms of s93(1) of the Constitution of Zimbabwe shall be filed with the
Registrar of the Constitutional Court and shall be served on the respondent(s)
within seven days of the date of the declaration of the result of the election.
Both, such filing and service within the seven-day period are constitutive of the
proper lodging of a challenge to the election of a President.
iv.
Being peremptorily limited to the period of seven days after the declaration of
the result of the election, any filing and/or service that is done outside that