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1.
2.
A declaratur to the effect that (i)
The Presidential election of 2018 was not conducted in
accordance with the law and was not free and fair.
(ii)
The election results announced by the Commissioners of the
Zimbabwe Electoral Commission on the 2nd of August 2018 and
the concomitant declaration of that same date by its chairperson
to the effect that Emmerson Dambudzo Mnangagwa was to be
regarded as the duly elected President of the Republic of
Zimbabwe with effect from the 2nd of August 2018 is in terms of
section 93(4)(b) of the Constitution of Zimbabwe as read
together with section 111(2)(b) of the Electoral Act
[Chapter 2:13] declared unlawful, of no force or effect and
accordingly set aside.
(iii)
The applicant, Nelson Chamisa, is in terms of section 93(4) of
the Constitution of Zimbabwe declared the winner of the
presidential election held on the 30th of July 2018;
An order to the following effect –
(i)
The twenty-fifth respondent shall publish in the
Government Gazette this order and the declaration of the
applicant to the office of the President of the Republic of
Zimbabwe; alternatively -
(ii)
In terms of section 93(4)(b) an election to the office of the
President of the Republic of Zimbabwe shall be held
within sixty days of this order; and
(iii)
Costs of this application shall be borne by the Zimbabwe
Electoral Commission and any such respondent as opposes
it.