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Even assuming the applicant did not have agents at every polling station, a sample
constituency could have been used. If there were instances where for one reason or
another the forms were not recorded as they should have been, specific evidence
detailing the gaps or discrepancies should have been produced to the Court. Such
evidence could then have been used to support the allegations of malpractice levelled
against the Zimbabwe Electoral Commission. Whether the evidence adduced was
sufficient proof of the allegations of irregular conduct made against the Zimbabwe
Electoral Commission would have become a separate question for determination.
In the second instance, the applicant argues that the crux of his case stands even
without that primary evidence. It was argued that an attack on the accuracy and
correctness of the figures produced by the Zimbabwe Electoral Commission itself
would suffice to invalidate the election. The Zimbabwe Electoral Commission
specifically and systematically explained and answered the allegations that were
made against it.
ON THE CASE PRESENTED BY THE APPLICANT OF IRREGULARITIES
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