Chamisa files court challenge

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Nelson Chamisa

MDC Alliance leader Nelson Chamisa yesterday filed his papers challenging the presidential election results at the Constitutional Court, setting the stage for a bruising legal fight as he seeks to overturn President-elect Emmerson Mnangagwa’s victory.

by BLESSED MHLANGA /Everson Mushava

Nelson Chamisa

Chamisa last week rejected the presidential results announced by the Zimbabwe Electoral Commission (Zec), describing them as “fake”.

Senior party officials told NewsDay that a team of lawyers led by Advocate Thabani Mpofu would divulge the details of the court challenge today.

Chamisa had earlier tweeted: “I’ve just finished going thru (sic) the evidence per our agents and V11 forms from across Zimbabwe. We WON this election emphatically. Zec’s figures are falsified & inflated in favour of the outgoing President. We are ready for the inauguration and formation of the next government #Godisinit.”

Highly-placed opposition sources told NewsDay last night that the court challenge was aimed at reversing the declaration made by Zec chairperson Justice Priscilla Chigumba using V11 forms, mostly from Harare polling stations, which they alleged were inflated to give Mnangagwa higher margins.

“The idea is to nullify the result by showing that there was an inflation of figures towards the winner. We will have to provide evidence towards that effect to overturn the .8% which ED got to avoid a rerun. Harare province V11 forms are sufficient to remove this .8%,” the source said.

Chamisa’s legal team will then go to the second part of the challenge, which involves proving that Chamisa garnered more that 50% plus one vote, which entitles him to be declared winner and sworn-in as President.

At the centre of the challenge, the source added, were the discrepancies on the figures announced by Zec, which indicated that National Assembly voter turnout was 75%, while that of presidential was 85%, without giving reasons for the 10% difference and showing evidence that either 10% of the voters only voted for the President and neglected the legislators’ ballot papers.

The sources added this would be difficult for Zec given that Mnangagwa was outpolled by his legislators at almost all polling stations.

Chamisa, according to Zec, polled 44,3% of the vote in the July 30 watershed election, while Mnangagwa got 50,8% of the total votes cast.

The court challenge would likely affect Mnangagwa’s inauguration, which has been tentatively set for Sunday at the National Sports Stadium unless the Electoral Court fast-tracks the matter and conclude it before the day.

The court will have at least 14 days to conclude the matter before Mnangagwa can be sworn in if the result is not overturned.

Asked to confirm if the court application had been made, Chamisa’s spokesperson Nkululeko Sibanda said: “We will know by tomorrow.”

There have been calls for Chamisa to accept the results and try again in 2023 given that he still has age on his side. Internally, vultures were already circling above him with the intention of toppling him from the helm of the party, which he took over upon the death of leader Morgan Tsvangirai in February this year.

Tension has been high since last Wednesday when the MDC Alliance supporters protested against alleged rigging by Zec. The government responded by deploying soldiers who opened fire in the crowded city that resulted in the death of seven civilians.

62 COMMENTS

  1. kkkkkk i thought chamisa said he will not go to Zau PF influenced courts. Suppose they throw your petition away “whats next?

  2. ZEC and ZANU PF must be exposed for their deceit. The concourt should be impartial and display jurisprudence in delivering its judgement. Losers should be shown the exit door.

  3. After Nairobi’s landmark nullification of the Kenyan Presidential elections in 2017, let us see if our own courts can cut the mustard and be more professional, less political with facts and evidence than they have been with the unresolved MDC appeals from 2002, 2008 & 2013..

  4. The case lacks merit and the advocate should realise that he is just wasting money for nothing. If there had been proper evidence to support your claims, you should just have objected to the fake numbers juring the announcement and produced the v11 forms’ evidence there and then. You failed to do that because you had no evidence. If truely you had such evidence, why did you have to wait for other world leaders to congradulate President Mnangagwa with most of the obsever missions endorsing the elections? All intersted parties including journalists and observers were allowed in the venue of the annoncements and were free to raise objections and questions, so why didn’t you take advantage of that provision?

    • Produce V11 to who? To ZEC? Farai you sound daft. How would explain that there was 85% turn up on the Presidential and only 75% on the Parliamentary. This is were corruption starts and people like you support this and wonder why our country is in this story state. £15Billion disappear and you do not question and you vote in and support the same people who did this, how daft.

      • these thieves are selling our own cash on the streets of the country and they are happy to see people suffering while they getting rich everyday.do you tell me that the security forces have no capacity to confiscate the money on the street and arrest the money changers who then tell us who is really supplying them with cash.the people who making zimbabwean suffer will burn in hell.

    • You are spot on Farai. Why did they not query the discrepancies on v11 form at the command centre during the verification process? It makes us think that the MDC are the ones now cooking figures.

    • Farai this route is exactly how election disputes are handled. How else did you want him to object to the results other than the legal route

    • Where were you when former president Mugabe was giving free education to every child in Zimbabwe? Go back to school and be enlightened.

    • You have just displayed your level of idiocy by ignorance to the provisions of the law

      The law say he should wait until result are announced and winner declared

  5. My President Our President Nelson Chamisa …we are praying for you n we wish you well we want the truth to be availed #Godisinit

  6. Dai matoshandisa mari yemalegal costs kupa those affected by the disturbances which you engineered.You are challenging Mnangagwa iwewe you were not even constitutionally elected at party level.

  7. Vana Farai,saka muri kufarira kufa kwevanhu ka? Ndakakuudzai kuti zanu pf yamuri kurumbidza iyi nhasi,mangwana ichakuuraya iwewe nemhuri yako ndikokuti ubvume saThomas.

  8. If Chamisa loses @ concourt, he must just resign as Mdc T president. He rose to the helm without legal merit and deployed an array of blunders to gunner unconvincing parliamentary votes. Deploying his friends who are going to vote for him at congress, and going to bed with deposed Mugabe gave Zanu pf undeserved win.

  9. I think Farai is very right. The problem is MDC supporters you take your wishful thinking as fact. Why did Chamisa not present his V11 forms during the presidential verification process. They now want to bring fake V11 forms with manufactured discrepancies. Vakadyiwa, period. How could they say we will not accept any results that they would not emerge as winners. Thats standing logic on its head. Stupid

  10. Iwe Sandy, leave me alone and use your mind objectively. No body has celebrated any deaths. Your own Nelson openly and publicly claims to have loyalists in the army who covertly work against their commander in chief President Mnangagwa and there is no sense at all in you deverting us from the topic at hand. Did not Chamisa’s lawyer , Thabani Mpofu openly proclaim that he had made an arrangement with some in the army to transfere power to Nelson Chamisa and refuse to give details? Did not Nelson himself, on the day of his final rally, say he was closely working with The former president and the former president who represents the true Zanu Pf would hand over power to him officialy? Is the possibility of former president having some influency in the army a farfetched idea? Kana uri mumwe inotyira Nelson wenyu who might in the end find himself in the custody of law enforcement agents soon because of his foolish shenagians.

  11. What is important here is authenticity of the said evidence,V11 forms.

    How do we know if those forms that you have have not been doctored. We factor in the the
    1.time that you spent “sitting” on this evidence
    2.The fact that on 31 July 2018 you declared that you had gone through the V11 forms and declared that you had won but as recent as yesterday you were saying that you were almost done going through the same V11 forms!!!! Boggles the mind.
    3. Your chief elections agents Timba and Komichi where present during ZEC verification process and were part of the verification.
    4. ZEC has +20 participants/ witnesses who all testify that the result is correct.
    5. Your main principle has been on record castigating the Judiciary so how then do you seek justice from a “flawed” system- the court must obviously through this plea out as it is evident that the applicant seeks to “test” the system which time the court does not have.

  12. Vanhu vezanu hamuneti here chokwadi chiri pachena kuti you lost the election but makabirira kubva kuna tsvangirai maingobirira dai nyika yacho iri yenyu megazve isu mazimbabeans some of us we are living like slaves in our own country! How cruel are you that munotsigira mbavha? How dare are you that munotsigira corruption. Zvino isu as mdc we are saying enough is enough kana muchizviti makakunda why makuda inclusive gvt ? Tongaika mega tione

  13. Comment…Accepting that one has overwhelmingly lost the parliamentary elections and overwhelmingly won the Presidency is sheer madness and fallacy at its best.In other words Chamisa says people like their ZANU PF party but does not like its President or MDC supporters like Chamisa but do not like the party. My question therefore is if indeed they rejected MDC then who voted for Chamisa. The truth is that when Chamisa realised that he had lost the election by such a margin the only way was to discredit the whole process and hope for a negotiation that would see him get a job. Thank God that hard copies are not tempered with than the electronic system where they can hack the ZEC website and change figures to ignite violence. Zec had five days to announce results but after only a day pple start to protest that they are delayed. Nonsense and the pple hired don’t even know that but the instigator is a lawyer.

    • Chamisa was contesting for Presidential seat and other aspiring legislators were aspiring to be voted into Parliament so each of them will fight the misnomer done on his part. Aspiring MPs have lodged their complaints through the courts.

  14. WHAT IS NEEDED IS TO ASK THE US GOVERNMENT UNDER TRUMP TO PUT PUNITIVE MEASURES AGAINST THIS BASTARD REGIME

  15. I just do not understand people who continuously support Zanu, with the way this party literally ran down the country, the country is practical ruined, for those in the rural areas probably I would understand, that cup of fertiliser or tshirt is enough for them to vote but people like Farai who support vanhu vanobirira se zanu, who do anything by all means necessary to stay in power and further bring more ruin are just but a huge disappointment, Farai and the rest of you who support Zanu you plain dumb and very stupid, no sense of patriotism whatsoever

  16. I have heard that unjust peace is better than a just war. If the results are nullified and for some reason we go for the rerun then you will realize that peace has a price. At the moment six people are confirmed dead and some are nursing injuries. The point is we have all forgotten what happened in the last rerun. there was widespread hardships, pain, beatings and the like. If Chamisa truly love the people of Zimbabwe then he must learn from his predecessor Morgan Tsvangirai who decided that the people were going to be in a worse situation even after he had won if ever that was going to happen. Change does not come over night, it takes a lengthy process. What is key is to observe critical milestones. From where i stand the country has done well but we should now work on having a credible system. The danger of nullifying what has taken place is that the ruling party will go back to the default settings and we all know what they are. We need to be patient and give time as long as we are moving forward. A time shall come when all the loopholes are going to be out of the way. I think we need to work on the next election. The fact that there was a soft coup makes the current leaders vulnerable and desperate and as a result may hold on to power n matter what we are going to do. The narrative that MDC Alliance started the violence may be used in the rerun and believe me, there could be casualties. My message is that of peace. Let them have it and we work on the next election.

  17. @Racheal.Don’t teach people to keep quiet when something is wrong.Tears have won’t solve anything,soon it will time to stand up for ourselves and demand what we want.Chamisa is right.

  18. Servious , Toni , Chak and the Anonymous one are some of the dumbest idiots this country has ever produced. I know Chamisa is an idiot & Biti is the headmaster of idiots but “out-idiot” them all. Kubvuma kuti Chamisa akabirwa ! Akashevedzera win before votes counted.

    • If Mnangwagwa is innocent and the elections were not rigged then why not just let them go to court. It’s not your money or your time wasted.Ever since the court case was announced Zanu has been making false accusations towards MDC. There is that man who claims that his house is being stoned in the night yet his windows were still intact. His car did not even have a single scratch. And the women who claims to have been there during the shooting yet her story is not adding up. Her facts are just all over the place. Ever since the elections began ZBC has never said anything positive about MDC and why is that? i thought news reporters were supposed to say the news as it is without any favouring.
      I don’t know what country you are living in but the Zimbabwe i know has been ruined by Zanu. This is daylight robbery and i will stand by Chamisa no matter what.
      Mnangagwa had 8 full months to prove to us what he could do and he did NOTHING. we are still buying US Dollars re we not? We are in the top 20 Poorest countries in the world and this whole ‘Zimbabwe is open for business’ thing is basically us welcoming Corruption with open arms. Some of those contracts were set up by Mugabe and the projects started a long time ago and he is just continuing with them which means its us inviting more Chinese people into our country only for them to take more minerals and run away.
      the money used to purchase the 52 cars the government distributed to the chiefs could have been used to develop even the Parirenyatwa hospital or schools, at least something that will help everyone. Our country is broke so where did all that money come from?

      Mnangagwa shall not stay in power for long. This is not right. If anything happens we are talking to a greater power to remove him. I am tired of sweating only to be give half of what i worked for.Even the people in the rural areas that you are claiming to have voted for are hands down rejecting.

  19. Sounds nonsensical. In Harare ED got just above 200000 votes. O.8 of 4.5 million is around 360 000. Even if all Harare votes go to Chamisa they wont wipe away the 50% 1 vote.

  20. I am neither Zanu PF or MDC alliance but I witnessed machete yielding people in the streets, a building next door was attacked. They ignited fire in the street, my car was parked a few meters away. My wife was forced to close shop and she narrowly escaped attacks when she was late to close shop as stones were thrown towards her. That was around 11 am. She called me and i could only advise her to quickly board a kombi as i was looking at what was happening around me. Around the fire they were singing and shouting names of certain people. Personally i took the problem on that person that morning. I later learnt of the predicament of others later after i and wife managed to escape and save our lives

  21. With reference to No sympathy article, is it correct to call this act a peaceful demonstration?

  22. Comment…yah ndanga ndakateerera muchitaura mese ndichikunzwai: my obse- rationalisation says whether the opposition will cry however with bloody tears I don’t see any thing coming out of it.Apa ED wakatopinda Kuti pfee. Ukuwo Biti wasungwa Uuumm? ma 1.

  23. I voted for ED and will keep on doing so as long as these monkeys keep on asking for sunctions that hurt ordinary people so that come election day we think with our stomachs not our brains. Let America give us sunctions on their own and not being incited by Chamisa and at the end of the day they claim to have keys to this economy. Bullshit!!

  24. Comment…People jiusy jump and point others as fools yet they suggests nothing. Such people are morons. Farai argument makes sense thn someone who just appear from nowhere and say you are fool

  25. People like Farai and other blind Zanu Pf supporters must do their home work and get their facts right. Thats why this country is in ruins because of their support for people who do not deserve even to run a tuck shop. Chimbogezai kumeso musvinure. Its not about Chamisa. It about the vote of the people which must be protected. Vana vevhu havana kuenda kuhondo kufira tsvina idzo tiri kuona idzi.

  26. No time for even a re-run as you zanu pf supporters think the evidence we have is sufficient to put Chamisa in office , it’s surprising that you people you say ED pfee if I may ask you panonzi pfee unenge vapinda the actual way here or with the use of force*** Ok basing again with the current situation in harare kunhuwa wet in capital city *** I think you lack common sense to expect new things from these guys especially Farai I think you are one of the guys vakapihwa maback pay e2000 if I may ask you can you survive with $2000 for the next 5years ?? guys there is God in heaven I tell you mind your speech sometimes people of Zimbabwe have suffered to much

  27. Comment… It is a constitutional right for the Mdc to seek redress legally. Inga the president elect has also said it. That is constitutionalism. No need to throw words around.

  28. Even if he wins how does he expect to control the parliament with 1/3 of mps?
    And even if he had a parliamentary majority, we mustn’t forget the alliance is 6 parties. It will be a chaotic parliament.
    And lastly how is he expecting to control the army?
    Being commander in chief, plus constitution/rule of law:
    Well they have shown us recently that constitution is only a paper. Laws can be easily ignored,set aside or broken.
    Laws only make sense when they(army) are happy.
    Make them cross and the paper will be useless.
    Didn’t we witness this end of last year?

  29. Comment… It is a constitutional right for the Mdc to seek redress legally. Inga the president elect has also said it. That is constitutionalism. No need to throw words around.

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