In the filed petition, Chamisa challenged the declaration of Emmerson Mnangagwa as the
winning Presidential candidate of the July 30 elections.
The Constitutional Court
dismissed petitions of other presidential candidates on the basis of inappropriate
submissions of their petitions. This is in line with Section 68 (3) of the Electoral Act.
Issues of concern raised in the MDC petition among others include, discrepancies in the
voter register, some missing V11, V23 forms, ghost polling stations and ghost voters.
Further, through his lawyers Chamisa claimed that the results announced by ZEC which
proclaimed Emmerson Mnangagwa leading by 50.8% (which was later adjusted to 50.7%)
of the total presidential votes country wide, while Chamisa’s votes are 44. 3% (adjusted to
44.2%) were not consistent with the figures the MDC Alliance had.
Taking into consideration Section 171 (1) of the Electoral Act, which provides for an open
court hearing, the Constitutional Court allowed the proceedings to be covered live on the
ZBC and other different social media platforms. The nine (9) judges led by the Chief
Justice, Justice Luke Malaba presided over the court case on Wednesday 22nd August,
2018. The court proceedings started at 10 a.m. and adjourned around 7 p.m. reserved
judgement to Friday, 24th August, 2018 at 2.p.m.
On 24 August 2018, the Constitutional Court of Zimbabwe resumed to give ruling on the
MDC Alliance petition. Before rendering their judgment, the Chief Justice, Justice Malaba
made among other issues the following observations:
(i)
(ii)
(iii)
That Chamisa failed to make use of the Constitutional provisions which
allowed the aggrieved party to make an urgent application within the
stipulated 48 hours after the announcement of results. However, in the
interests of all concerned, the court deliberated on the matter.
That instead of using primary evidence, Chamisa opted for secondary evidence
which was did not convince the court of the alleged concerns. The lawyers
could have used information in the ballot boxes, which could have
necessitated a recounting but chose not to exercise that option.
That the applicant failed to put a clear, direct and sufficient evidence to
convince the court of the case of malpractice in the manner the elections were
held by ZEC.
Citing Section 93 (4) of the Constitution of Zimbabwe, the Constitutional Court dismissed
Chamisa’s petition with costs and upheld ZEC’s presidential results which declared
Emmerson Dambudzo Mnangagwa of Zanu PF the winner of the 2018 Presidential
Elections. Chamisa refused to accept the ruling and maintained that he had won the
Presidential elections and that justice was not served. In a press statement, Chamisa said
that there are other avenues his alliance can use such as peaceful demonstrations to
show their discontent.
President Mnangagwa on the other hand called for peace, love and unity among
Zimbabweans and extended the same to Chamisa mentioning that his door was open and
that his hand was stretched to accommodate him. He further reiterated his commitment
to institute a commission of inquiry into the shooting incident which caused the death of
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