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The best evidence in this instance would have been the contents of the ballot boxes
themselves. That is the primary source evidence. Evidence of the contents of the
ballot boxes compared to the announcements by the Zimbabwe Electoral
Commission and the evidence within the applicant’s knowledge would have given
the Court a clear picture of any electoral irregularities or malpractices if any had
occurred. No such proof was adduced by the applicant to support his allegations.
The electoral law is designed to protect the vote. The protection of the ballot cast by
every citizen who participated in the election is fundamental. It is one that the Court
should guard jealously.
The avenues available to an aggrieved candidate are meant to ensure that he or she
has all the evidence available to him or her to assist the Court.
It follows that when the result was declared in the early hours of Friday 3 August
2018 the applicant knew he was an aggrieved candidate. He may not have known
the exact or precise reason why he was aggrieved but the law-makers in their wisdom
created an avenue for the applicant to ensure that he had all the evidence necessary
Select target paragraph3
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