JUSTICE IN ZIMBABWE
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be proved by “clear evidence”, but proof beyond a reasonable doubt it perhaps going
too far. Though election petitions may have penal consequences, they remain civil,
not criminal, cases.
Conclusion
The general picture is one of a government trying by all means to prevent the proper
hearing and decision of election petitions that threaten its continued existence. At
every stage there have been delays and obstacles placed in the way of the petitioners.
More than two years have passed since the 2000 general election and few of the
contested petitions have been brought to finality. It is unlikely that all of them will
have been completed by 2005, when the current Parliament must be dissolved.
It hardly needs to be pointed out that this seriously offends against democratic
principle. While the election petitions remain unresolved, persons who may or may
not have been duly elected are able to sit, speak and vote in Parliament. And most of
them can expect to continue doing so for the lifetime of this Parliament. If election
petitions can be delayed so long, there is little incentive for unscrupulous candidates
to abide by the rules laid down in the Electoral Act. So long as they are reasonably
discreet and act through intermediaries, they can intimidate their opponents and bribe
their supporters in the confident expectation that (provided they belong to the ruling
party after the election) they will be able to block any attempt to unseat them until it is
too late.
The Presidential election petition
This topic has not covered the election petition filed by Mr Tsvangirai in which he
disputes the result of the Presidential election in March 2002. That petition has not yet
been heard, but results of the preliminary skirmishes have not been encouraging. The
MDC has been denied access to an electronic version of the electoral roll used in the
election, on the ground that the Electoral Act does not require such a roll to be
provided. And the petitioner has been ordered to provide security for costs in the sum
of $2 million, more than the respondent requested.
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