HomeLocal NewsED scoffs at Chamisa’s expert report

ED scoffs at Chamisa’s expert report

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PRESIDENT-ELECT Emmerson Mnangagwa has gone for the jugular, throwing below-the-belt punches towards MDC Alliance leader Nelson Chamisa’s team of technical experts led by Kenyan Edgar Ouko Otumba, dismissing him as a statistician with no qualification whatsoever in politics, but is a guru in sugar board related matters.

BY CHARLES LAITON

PRESIDENT-ELECT Emmerson Mnangagwa

Mnangagwa, who in his heads of argument is seeking to have the courts uphold his election into office picked on Otumba, said his evidence before the courts was questionable and lacked integrity, setting the stage for a nail-bitting Constitutional Court (ConCourt) hearing which opens tomorrow.

“His [Otumba] analysis progresses from data of questionable integrity and sources. Some of the figures are of mysterious origins. He relates to sample-based extrapolations predicated on behavioural patterns that have no scientific precision. He makes inconclusive findings as regards the possible causes of the alleged variances and anomalies. His evidence is not proof beyond reasonable doubt,” Mnangagwa said.

“The matter at issue is the actual numbers in the election. While Dr Otumba is clearly an expert in mathematics and statistics, there is nothing in his knowledge, skill and experience to suggest that he has any scientific, technical or other specialised knowledge on elections.

“According to his CV, the only election he appears to have advised on was in 2005, and related to the election of directors of a sugar board … that last sentence regarding his 100% success rate shows that Dr Otumba is aware that the experience required is that of analysing elections, and not just looking at numbers …”

The Zanu PF party leader also urged the ConCourt to dismiss Chamisa’s application challenging his election into the presidential office, arguing that the necessary jurisdictional facts to trigger a section 93(3) of constitutional inquiry have not been established.

“… On this further basis, the application must be dismissed with costs at the legal practitioner and client scale. This is not only because the application is fatally and incurably defective, but also because the application lodged is not sufficient to establish the jurisdictional circumstances required by section 93(3) of the Constitution, which enjoins this court to declare whether anyone was duly elected as the President of Zimbabwe,” Mnangagwa said.

In his submissions, Mnangagwa also urged the court to disregard and strike off notice of oppositions filed by Noah Manyika, Daniel Shumba, Violet Mariyacha and Elton Mangoma on the basis that their notices were disguised applications.

“We move that the fifth, seventeenth, eighteenth, and twentieth (Manyika, Shumba, Mariyacha and Mangoma) respondents’ notices of opposition be struck off. These notices of opposition are in reality disguised applications by aggrieved losing candidates in the elections. The disguised applications have been lodged outside the peremptory time period provided for in the Constitution and in a form and manner that is impermissible,” he said.

The Zanu PF leaders again maintained Chamisa had not filed a proper application before the ConCourt, arguing the MDC Alliance leader’s petition had been filed out of time and, as such, the court must dismiss the same.

“There is no valid challenge to the declaration of the first respondent [Mnangagwa] as the winner of the elections. A challenge to this election of the President must be lodged within seven days after the date on which the results were declared. This means that the application must be filed and served within the prescribed seven days. The prescribed seven days are calendar days as opposed to court days,” Mnangagwa said.

“… The application is invalid for the further reason that it was issued without a valid notice of motion. Rule 16(1) of the rules provides that an application to the Constitutional Court shall be in form CCZ1 … the notice of motion did not have the respondents’ addresses for service … the application is, in any event, deemed to have been abandoned. Rule 9(5) requires that the applicant, following service of the application, must file with the registrar proof of service within two days of the service. Failing compliance with rule 9(5) the application is deemed abandoned in terms of rule 9(6).”

Mnangagwa further urged the court to dismiss Chamisa’s application on the basis that he had approached the court with “dirty hands” after allegedly “scandalising” the court by publicly declaring that “our courts are an appendage of the first respondent’s [Mnangagwa’s] party, and are involved in a conspiracy to undermine his perceived certain ascendency to the presidency of Zimbabwe”.

The MDC Alliance youth leader recently petitioned the ConCourt seeking nullification of the presidential votes claiming that he garnered 2 674 032 votes against Mnangagwa, whom he said obtained 2 008 639.

Chamisa made the claims in his founding affidavit and his move halted the inauguration of Mnangagwa, who was set to be ushered into the presidential office on August 12, 2018.

In his application, Chamisa claims about 700 000 votes are unaccounted for and, therefore, dubious. He said there were a number of irregularities which included double-counting of votes and embarrassing mathematical errors which are significant to affect the outcome of the polls.

Chamisa also argued that the election was not held in line with the constitutional requirements, citing abuse of State media, institution of traditional healers and clear manipulation of laws by the Zimbabwe Electoral Commission (Zec) to favour Mnangagwa.

But Mnangagwa said: “The extent to which the media had an influence over the manner in which the people voted has not been established. The applicant’s conclusion remains conjectural … this ground cannot be sustained. It had no effect on the results.”

Meanwhile, Zec and its chairperson Justice Priscilla Chigumba have also filed their court papers supporting their actions which ushered Mnangagwa into power.

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26 COMMENTS

  1. very disturbing that one would hire a foreigner to look at numbers when zimbabwe given our literate rate it would have been prudent to utilise our polished human resource base what is going on here

    • @eliasha if you are fair in to yourself why didnt you start by condemning the government, the companies that are doing business in Zimbabwe how many of them are Zim companies….for example…road construction….Chinese and SA companies…why blame MDC Alliance…so who are you recommending to have been hired for the job…Yourself I think…

      • Yaa you have to remain anonymous because kamwana kangu kari kuzero grade kakakuona kanoita kuumburuka pasi nekuseka kkkkkkkkkkkkkkkkkkk ndasekawo neni. Sure can you compare a Company coming to invest in Zimbabwe with that expenditure of hiring a less educated person from Kenya? You don’t even know the difference between investment and hiring kkkkkkkkkkkk? Ko zvamunoti mdca ndeye vanhu vakafunda wani zvino motokundwa nesu vamunoti madofo eZANU PF takadzidzira zvedu pasi pemiti nekuenda kuchikoro tisina bhutsu kana uniform apa takatakura zvedu mangayi kana maputi ekuswerera nekuda kwehudzvanyiriri hwamawe kusapota nhasi uhu. After that mawe kufananidza investment nekuhaya. Uuum munanyarawo shuwa. Eliasha is just commenting kuti muno hamuna here macompetant lawyers? Why hiring a Kenyan of all the countries? It was bcoz they are being taught the Kenyan opposition style disguising the violence lecturer as a lawyer. One of the options kuna chamisa ndeye violence mark my words, Its just fortunate enough kuti zvakatoziwikanwa kare and measures are already in place o deal with that situation. Pasi nemhanduuuuuuuu!!!

      • you miss it mate this is just simple disaggregation of data which does not require foreign funding and technical expertise neither does it require sophisticated machinery, pure sharp human brains and you go and hire a Kenyan national and for that matter a country with opposition members known to have a penchant for violence ,give us a break what lessons are we going to draw out of this apart from suspecting a hidden agenda.

        • Zimbabwe has educated idiots that is why its a mess, even the comments hear shows how stupid Zimbos are. Why should one not compare a company to Chamisa’s court application, why did ED go to RSA for treatment with the educated doctors in the country? Why? Sometimes silence is golden if your boy in ECD is mentally retarded he can laugh of course.

          • @ Maita thats the problem with MDC fools. For the record we are proud as Zimbabweans that we are doing very well all over the world. That problem of low self esteem you have makes us to think twice before voting some of these opposition parties.

          • your analogy is off the mark as in zimbabwe we do not have the high tech machines and at times the relevant drugs and there is a known yawning gap but the brains are there plenty and really really sharp brains for that matter hence the need to utilise local resources for date analysis and this does not need any high tech.equipment unlike in other fields were we are legging behind because of lack of investments in those respect fields. lets agree human resource is there and that is not in dispute but unfortunately it is spurned by those who are suppose to use it as the funders are outside and same funders fear for abuse of their funds as issues of accountability have become a major concern in the country hence reason why they want to stick to foreigners and we condemn this .

    • Learned but will not do a proper job for fear of victimization,a learned Zimbo can defend a politician but wont be able to defend himself and his family in due course

  2. mathematical sugar guru has all of sudden turned into a mathematical election numbers guru i like this one teach this pretender a rude lesson to share back home ,zimbabwe has better educated people than this kenyan import

  3. There’s no need for Zimbabweans to brag about their education & try act as if we are better than other nations becoz we are not. If truth be told the Kenyans are far ahead of us as in terms of economic activity & development while we cant even achieve something as basic & simple as having our own currency. Hell, we can’t even conduct decent fair elections of all things

  4. so in Zimbabwe we dont have competent lawyers to an extent of hiring Kenyan lawyers or its only Jonathan moyo behind the scenes, our level of education is below the Kenyans then, pathetic,im not a prophet but on this one i will prophesy, MDC Alliance is losing the case, i dont know how but its losing the case.

  5. Zimbos are way off academically but the economy was ruined by that old monkey called Robert,so i bet ED has the capacity to resurrect the doomed economy once again.Chamisa must accept defeat,his time will eventually come in 2028 after he has matured,for now he is still politically immature.

  6. Zimbos are way off academically but the economy was ruined by that old monkey called Robert,so i bet ED has the capacity to resurrect the doomed economy once again.Chamisa must accept defeat,his time will eventually come in 2028 after he has matured,for now he is still politically immature.

  7. Professor Ouko played a very vital role in the nullification of the Kenyan presidential election last year.
    He analyzed all the statistical irregularities that the opposition relied on throughout the case.
    This subsequently led to the discovery of how the electoral commission had altered all the statutory documents and forged the necessary forms.

  8. I thinknMnangagwa is trading on shallow waters betting the case be trown off or out on basis of
    (a) a technicality filling the paper late which is arguable and may not be valid since they have both been called to court
    (b)again basing that there is no evidence and what if the actuall evidence is presented in court what would his team of lawyers do after that?

    Mnangagwa and ZEC need to prove beyond any doubt the creadibility of election and results before the courts and prove Chamisa wrong but hey its just my opinion

    For now seat back relax and enjoy the show tommorrow have a lot of popcorn with you and a cold beverage which ever you like….

  9. All anti-Chamisa expressed sentiments are common knowledge anti-social in our urban communites. In need of proof is trivially the supposedly superior,but mysterious wisdom of our rural community vote that has for ages tragically determined our national economic and political welfare in past 38 years.

  10. All anti-Chamisa expressed sentiments are common knowledge anti-social in our urban communites. In need of proof is trivially the supposedly superior,but mysterious wisdom of our rural community vote that has for ages tragically determined our national economic and political welfare in past 38 years.

    • @ vulnerable is exposing the weakness of this Platform. So all along we are dealing with one opposition member using different names. @ Anonymus,@ defrauded, @ vulnerable, @ the man takubata you are just one person

  11. The main man is one not two nor three always and forever the man just one man’s opinion amoungst the multitude of people when need arises

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