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It is important to understand what the result of an election is. The result of the
election is the declaration of a winner having reached the 50% plus one vote, no
other thing. Any votes after that point have no bearing on the result of the election.
The amendment by the Zimbabwe Electoral Commission has no effect at all on the
result of the election and the declaration as interpreted in this case. In fact, an error
in counting and amendment of figures is envisaged in the Act itself, which makes
the provisions of s 110 subject to those of s 67A. The law allows for the adjustment.
If the applicant was aggrieved by the counting and figures availed, he should have
utilised the remedies availed to him by statute to get the relevant evidence.
In this case, the applicant, in our view, needed more evidence than just the mere
admission by the Zimbabwe Electoral Commission of the inaccuracy of the figures
to show that the result was affected. If it was and there was in fact no winner having
50% + 1 vote, there would be grounds for a re-run or any other appropriate remedy.
The applicant chose not to pursue this avenue.
CONCLUSION
In the final analysis, the Court finds that the applicant has failed to place before it
clear, sufficient, direct and credible evidence that the irregularities that he alleges
Select target paragraph3
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