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WATCH: Zimbabwe's Constitutional Court Ruling: Live Update

by Ndou Paul
24 August 2018 | 8995 Views
The Constitutional Court is expected to rule on presidential election results challenge by MDC Alliance.

ZEC ZANU-PF MDC Alliance ConCourt
Bulawayo24 Live Updates
Malaba ends by thanking the lawyers’ integrity during the proceedings and the people of Zimbabwe for the confidence they have in the judiciary.

Full reasons will be given in a full judgement to be released in due course, says Malaba

Court declares Mnangagwa as the duly elected president of Zimbabwe

Chief Justice Malaba: The application is dismissed with costs

Chief Justice Malaba: There is a presumption of validity of the election

Chief Justice Malaba: In the final analysis the applicant failed to convince this court to set aside the results of the election

Chief Justice Malaba: There was also no tangible evidence of ghost voters

Chief Justice Malaba: There was not proof of irregularities

Chief Justice Malaba: There was no evidence some teachers were disenfranchised of their right to vote as no affidavit from any of the teachers. Even if the evidence was availed, it would not have affected the result

Chief Justice Malaba: The applicant made several startling allegations without referring to source evidence. ZEC proved through the V11 forms that some forms were signed and populated as opposed to what the applicant said.

There was no evidence that the 40,000 teachers were registered voters, says Chief Justice Malaba

Chief Justice Malaba: The amendment of results by ZEC has no bearing on the results of the election

Chief Justice Malaba: The declaration of results made a critical admission that the results were changed

Chief Justice Malaba: All the allegations against the electoral commission were debunked by the commission’s attorney

Chief Justice Malaba: Malaba says even if the applicant did not have agents at all polling stations he should have collected samples and it would have shown the electoral commission's malpractices

Chief Justice Malaba: The applicant’s attorney made bald and unsubstantiated allegations

Chief Justice Malaba: If the applicant had placed before the court the V11 forms it would have disposed of any questions of vote rigging, it would have addressed issues of similar results at some polling stations. That evidence was not adduced

Chief Justice Malaba: The applicant was at large to send his election agents countrywide but did not do so, election observers were there

He had remedies available to him and he did not utilize them, says the Chief Justice

Chief Justice Malaba: The applicant would have sought a recount and would have approached the electoral court to apply for an order to open the ballot boxes

Chief Justice Malaba: Time was on the applicant’s side to obtain the evidence from the election residue

Chief Justice Malaba: When the results were declared the applicant knew that he was aggrieved

Chief Justice Malaba: Primary evidence was supposed to be derived from the opening of ballot boxes

Chief Justice Malaba: No proof was adduced by the applicant

Chief Justice Malaba: The applicant made general allegations and no direct allegations of complicity were made against Emmerson Mnangagwa

Chief Justice Malaba: The court will only invalidate the results of the presidential election if the court is satisfied that the results were materially affected or were a result of a fraud

Chief Justice Malaba: The court will declare the election void if there was a breach of the electoral law

Chief Justice says the burden of proof rests with the applicant to warrant the granting of the relief sought

The Chief Justice us now reading the complaints raised by the applicant on the conduct of the elections. These include bribery by the incumbent, undue influence, rogue military personnel, the failure display V11 forms, and so on

Chief Justice Malaba: The application for conformation was filed by the applicant and the court hereby grants the application

Chief Justice Malaba: The application clearly breached the rules of the court and filed a defective application

Chief Justice Malaba is now reading what the law says for one to challenge the results of an election

Zimbabwe's Constitutional Court postpones election challenge verdict to 15:00

Source: Byo24News


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