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marred the election process materially existed. The applicant did not prove the
alleged irregularities as a matter of fact. It would be unnecessary in the
circumstances to ask and answer the question whether irregularities materially
affected the result of the election. As already indicated, it is an internationally
accepted principle of election disputes that an election is not set aside easily merely
on the basis that an irregularity occurred. There is a presumption of validity of an
election. This is so because as long as the election was conducted substantially in
terms of the Constitution and all governing laws it would have reflected the will of
the people. It is not for the Court to decide elections; it is the people who do so. It is
the duty of the courts to strive in the public interest to sustain that which the people
have expressed their will in. Therefore, the application ought to be dismissed.
ORDER
In the result, the following order is made –
(1)
The application is dismissed with costs.
(2)
Emmerson Dambudzo Mnangagwa was duly elected President of the
Republic of Zimbabwe.
Select target paragraph3
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