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first respondent, as the candidate who had received more than half the number of
votes cast, to be duly elected as the President of the Republic of Zimbabwe, with
effect from that date.
The applicant was aggrieved by the declaration of the first respondent as having been
duly elected as the President of the Republic of Zimbabwe. He lodged an application
in terms of section 93(1) of the Constitution of Zimbabwe Amendment (No. 20)
2013 (“the Constitution”), challenging the validity of the election of the first
respondent as the President of the Republic of Zimbabwe. Section 93 provides as
follows:
“93
Challenge to presidential election
(1)
Subject to this section, any aggrieved candidate may challenge the
validity of an election of a President or Vice-President by lodging a
petition or application with the Constitutional Court within seven days
after the date of the declaration of the results of the election.
(2)
The election of a Vice-President may be challenged only on the ground
that he or she was not qualified for election.
(3)
The Constitutional Court must hear and determine a petition or
application under subsection (1) within fourteen days after the petition
or application was lodged, and the court’s decision is final.”
The applicant seeks the following relief –