I’m ready for Chamisa − Chigumba

ZIMBABWE Electoral Commission (Zec) chairperson Justice Priscilla Chigumbayesterday indicated that she was ready for a legal showdown with MDC Alliance leader Nelson Chamisa, where she will shoot down the vote rigging allegations levelled against her.

BY CHARLES LAITON

Zec chairperson Justice Priscilla Chigumba

Chamisa, in his recent presidential petition to the Constitutional Court (ConCourt), accused the Chigumba-led Zec of vote-rigging in favour of Zanu PF candidate President-elect Emmerson Mnangagwa.

But Chigumba, in her response to Chamisa’s challenge, dismissed as “unsubstantiated” claims that Zec rigged the July 30 polls in Mnangagwa’s favour.

Chamisa approached the ConCourt last Friday, seeking to challenge Mnangagwa’s election victory, citing massive vote-rigging. The matter has been set down for hearing on August 22.

Chigumba accused Chamisa of failing to provide the electoral body with relevant documents to enable her office to properly respond to the application.

“Further still, the applicant’s (Chamisa’s) founding affidavit refers, in several instances, to compact discs (CD) that are said to be attached to the application. No such compact discs were served at the 23rd respondent (Zec) offices either on August 10, or 11, 2018 … it is these absent compact discs and separate bundle of evidence that the applicant avers contain the source material used …” Chigumba said. In her founding affidavit through her lawyers, Charles Nyika and Tawanda Kanengoni, Chigumba said the electoral body followed due processes as provided for in the Electoral Act, especially on issues relating to collation, verification and announcement of presidential election results.

“The process as provided for in the electoral law relating to collation, verification and announcement of presidential election results was followed by the electoral commission as I have illustrated herein above. Any mathematical error that may have occurred in the process is neither gross nor sufficient to overturn the outcome of the presidential election and thus cannot ground the vacation of the declaration I made in terms of section 110(3)(f)(ii) of the electoral Act,” she said.

“I have, in my (Chigumba) deposition thus far, shown that not only were the original V11 and V23 forms used in the collation and verification of presidential election results at the national command centre, but also that the applicant (Chamisa)’s election agents were involved in that process and were given, upon request, access to any V11 and V23 forms for purposes of verification.”

Chigumba further claimed that Chamisa’s calculations pertaining to the total voter population for purposes of the 2018 general election were wrong.

“The applicant’s (Chamisa) calculations are wrong; the total voter population for purposes of the 2018 general election was 5 695 936 and not 5 659 583 as indicated by the applicant. The previously announced number before polling day had been 5 695 706, which figure was adjusted by the addition of 230 voters who had been registered on a BVR kit in Chegutu, Mashonaland West province, prior to the cut-off date for the 2018 general election, but had not been uploaded into the database,” she said.

Turning to the opposition’s claims that there were over 700 000 unaccounted for votes, Chigumba said Chamisa had also gotten his mathematical calculations wrong.

“… the 700 000 votes that the applicant alleges are unaccounted for are directly resultant upon the use of 72% as the final voter turnout in the presidential election and not the correct 85,1%. Furthermore, the figure that the applicant comes up with, 4 032 000, as 72% of the total voter population includes, by necessary implication, every vote that would be cast in a presidential poll including votes that would, on the count, be deemed to be invalid for one reason or another. The figures he indicates as the total votes cast from the announced results, 4 775 640, and from the data on the electoral commission’s CD, 4 774 878, both reflect the total valid votes cast in terms of the announcements and the data on the CD,” Chigumba said.

“The 4 032 000 on the one hand and the 4 775 640 and 4 774 878 on the other are thus totals representing two different kinds of things the former including every valid and invalid vote and the latter only the valid votes. The applicant then proceeds to subtract, in turn, the two elements of the latter category of votes from the former category of votes thus yielding in each instance the 700 000 alleged unaccounted votes without taking account, in that computation, of the difference between the two things he has subtracted from each other.”

Chigumba also said the process of collation and verification of the presidential results was done transparently, while Chamisa’s agents, Morgen Komichi and Jameson Timba “had full access to the results collation”.

“The collation of the results of some polling stations twice was a data capture error whose extent has no material effect on the results of the presidential election. After correction of the double entries the first respondent (Mnangagwa) still meets the statutory thresholds of 50% plus 1,” she said adding: “… the process of collation and verification of the presidential results was done transparently, and the applicant’s agents Mr Morgen Komichi and Jameson Timba had full access to the results collation at the electoral commission’s national command centre.

“As already averred Mr Timba during this process, had occasion to request V11 and V23 forms for several constituencies, he examined those forms and made whatever notes he wished to make, he did not raise any queries with respect to those V11 or V23s … the provisions of section 110 of the Electoral Act are such that the absence of any candidate or his/her election agent does not stop the process prescribed in that section from proceeding to its conclusion.”

Commenting on the V11 and V23 forms impasse, Chigumba said every political party had access to the forms as and when they requested for them but castigated Chamisa for sourcing V11 forms information on social media.

“Applicant also alludes to having sourced the V11 forms from social media, suffice to remind him that a v11 form is obtained through the provision of section 64(1) (d1) of the Electoral Act. The authenticity of his source of data is thus in doubt,” she said.

“As I have already averred, over the two day period, the applicant’s agents had unlimited access to all the original V11 and V23 forms relating to the presidential election and had the opportunity, at their discretion, to make notes from those V11 and V23 forms or to raise any queries with the electoral commission officials where they had problems with the information that was on the V11 and V23s being used by the electoral commission versus what they had through their own election agents from various polling
stations.

“Surely, if the applicant had polling agents at the unidentified polling stations he alleges did not have returns affixed, those agents would have been given V11 forms before the return for the polling station is affixed in terms of the law. The applicant does not in this context present his V11 forms and contends that the V11 forms that the electoral commission has are different from what he has …”

The Zec boss further said Chamisa did not indicate at which polling stations he alleges the election returns were not affixed and neither did he explain as to whether he had polling agents stationed at such polling stations, and if so, why no affidavits have been deposed to by such agents in support of his averments that 21% of polling stations were not affixed in terms of the law.

“Having made the allegations the applicant was enjoined to prove it in his founding papers; he has failed to do so … the conclusion made by the applicant, from this bare allegation, is that the electoral commission rigged the presidential election with no evidence furnished and no explanation given as to how the alleged rigging is said to have taken place,” she said.

“An application in motion proceedings ought to make out his full case in his founding affidavit and if, as he has done herein, he makes bald and unsubstantiated allegations, his application cannot possibly succeed.”

She urged the ConCourt to dismiss Chamisa’s application on the basis that it had not been filed in terms of section 93 of the Constitution as read with the ConCourt rules, 2016.
“No valid application has been filed by the applicant challenging the election of the first respondent to the office of the President of the Republic of Zimbabwe, in terms of section 93 of the Constitution as read with the ConCourt rules, 2016,” the Zec chair said.

“In terms of section 93(1) of the Constitution, a challenge to the validity of an election to the office of the President is instituted by way of a petition or application lodged with the ConCourt within seven days after the date of the declaration of the results of the election. Being a period prescribed by statute, the seven-day provided by section 93(1) of the Constitution are reckoned with the inclusion of Saturdays, Sundays and public holidays. The time for lodging a petition in terms of section 93(1) thus expired on the 10th of August 2018.”

“… Being peremptorily limited to the period of seven days after the declaration of the result of the election, any filing and/or service that is done outside that timeframe is, accordingly, invalid with the correlative effect of rendering the entire application fatally and incurably defective.”

Commenting on the alleged disappearance of polling stations on the polling date, Chigumba said: “No polling station disappeared on the polling day. The applicant does not state the names of the polling stations that he alleges to have disappeared on the polling day. No polling stations were created on the polling day. 1HRDC and 2HRDC that the applicant cites as examples of created polling stations are in fact not polling stations. The former stands for ward 1 Hurungwe Rural District Council and the latter stands for ward 2 Hurungwe Rural District Council.”

62 Comments

  1. You may try to fool us madam Judge but there is a big & great Judge in heaven. You will one day account before him. The truth & only the truth will set you free.

  2. Defend your position in court madum

  3. Whichever way you look at it, the elections in Zimbabwe are becoming nonsensical and meaningless.
    Talk of liberation, freedom , all a farce.

  4. Death with intend shall judge you Chigumba

    1. shunguhadziurayi mangarayi

      But you Sandy sounds like you have a brain deficiency syndrome. You are failing to read such simple straight forward things said by ZEC boss. Don’t just hate for the sake of it its bad. Why don’t you say the same statement to chamisa? because you voted for him does not mean we voted for him. Ini hangu chero ndiri pagun point chamisa handimuvhoteri too pompous for nothing.

      1. u are a fool unongoti ed pfee ed pfee yet a million people are struggling its time for people to get a change vision is different by far have wisdom kuty uone what is better

      2. Tinashe Rueben Chireshe

        I beg to differ. Chamisa is just far much blessed to be called a pompus man. Addressing multitudes takes a lot of skills and he possesses that.I am not a Pastor but Chamisa is and i believe Pompousness is something that he understands and wouldn’t like to portray such an image on rallies.The fact that he won the majority explains why people we are different and if it means people vote basing on character ,then lots love him for what he is and i think the same people don’t see any pomposity.
        Mface uya Mwana akakurira muvanhu, he knows tsika nemagariro echivanhu edu zvineudzamu. its only that he is fighting for freedom and it takes adjustments to suit the battle field and counter all the weights.

        Just wait and see how we are blessed to have such a man.

  5. The woman is making a lot of sense. The MdcA people really have to pull up their socks

  6. Busy worrying about Chamisa instead of worrying about the almighty God who judges both the flesh & the spirit

  7. Chigumba wants the challenge dismissed on technical grounds. Dambuzo also wants the challenge dismissed on technical grounds. hooo these guys know the real truth

  8. Chamisa must present valid evidence & not the figures his dull mind imagines & what his daft legal team presented. Chamisa is proving , as I have always argued, that he is not even fit to be sabhuku wokuraini kwedu kwandinobva. I have also argued that the majority of the people who support Chamisa are not real intellectuals. Real intellectuals like me know the importance of nationhood & are quite convinced that the presidency of this great country cannot be conferred on a power-hungry idiot like Chamisa. That is the reason why 204000+ learned Hararians voted ED. Chamisa got 534000+ from Harare’s riffraff who also voted illiterate councillors for the wards. U don’t win a court challenge by just shouting that elections were rigged. Present real evidence, Mr Not-so-wise Chamitiswa

    1. VERY TRUE

    2. Who is more clever you or Chamisa ? You do not sound intelligent at all. In this day and age people want democracy and freedom, no matter how much you want to suppress people , you will never win this battle.

  9. Comment…with all due respect my fellow Zimbabweans relatives. chamisa(evalingical prophet) is a liar look @ his campaign stories. remember zuva petroleum case wich he destroyed our future as workers.look at how suddenly he embraces Grace Mugabe of all the thiefs. ifink tis best to tighten screws on zanu administration to stop- corruption.greedy.nepotism.fraud. bcz we a being fooled & we a losing a lot thru this silly chamisa(prophet jus lyk all those fake prophets).lets best fight vicious battles with the incompetent elected officials and stop focusing on president only .wherever we a lets team up and defend our country,our soil, our children’s future from stupid evil politicians separately other than pointing the president .lets help him,work with him to dismiss theifs in his government and clearly remind him that if he fails so we will remove him also.president ngavasaite bwende, ngavashinge kutsiura nekubvisa mabenzi anoda kudya ega nekuita chimbavha mu legacy yavo.kuma courts is not right time bcz the ball is already tolling now with vaMnangagwa.ngativagare bumper kut mukuru bvisai zvakashata shingai kuudzana chokwadi aba mubudisei asingazive mutorerei.

    1. nemesis of north

      UNOPENGA IWE MURIDZI WEZUVA NDIANI HANDITI NDIYE PRESIDENT WACHO KANA ANGA ASINGADI KUTI VASHANDI VAKE VADZINGWE AKADII KUITA ZVAAKAITA PANA BITI KUITA INTERFERE MUNYAYA YECOURT TAURAWAFUNGA SHANDISA PFUNGWA DZAKO NOT KUVUKURA.

  10. It seems like its you dosen’t have the brown substance in your head. People where not voting for characters but polices and future. Pompous word is coming from you perhaps out of naivety or dullardiness.

  11. kid marongorongo

    i blame Morgen Tsvangirai for imposing Chamisa in the first place, this young man was not ready for the post, he was actually surprised because he was not mentored, he is still having a high school mentality. He needs thorough grooming and this may take up to 10 years before he should be a presidential material. Mudzuri has seen it all and is a fatherly figure.he has the respect of even the ruling part to a certain extent,all this young man’s arguments are immature and i don’t know why his lawyers are following blindly, may be vari kuda kurova MDC alliance pasi petsoka. Its true there is going to be a hot fight after the ruling by the con court lawyers demanding their money from the already bankrupt Alliance like what is happening with their election agents. To me MDC alliance is the same as studio 263, wenera, sabhuku vhara zipi parafini mutirowafanza, zuku mukadota dramas so lets anxiously wait for the next episode. Coming soon.

    1. kkkkk yah apa wabaya bveni nemukanwa,dai vakaisa Mudziri pamwe ndaitombovhotera mdc but to be honest with chamisa hazvina chiro wangu,unoti munhu angade kutungamirira nyika iye anoti ndikadyiwa naMnangagwa ndomupa hanzvadzi yangu kkkkk haaaa ndokuwukurazve uku kkkkkk anotomboda dzimwe 15years ari mdc youth member

  12. The beautiful ones are not yet born

    2 Questions still remain.

    1. Are all the ballot papers accounted for? The difference between the votes cast in the presidential and those cast in the Parliamentary needs to be addressed.

    2. Why did some polling stations record turnout higher than registered voters?

    1. ndopakunzi voter turnout was 85.1% Chamisa akashandisa 72%, iwewe washandisa yaChamisa wc z d latter, tanzwa nekushandiswa naWamba isusu wamwe wakafa wasat waona new Zim, we want to move fwd,

    2. UKAZVIONA PAPI IWE

  13. Chigumba, you very stup:d. To hell with you and your zanu.

    1. ED Pfee, Nacido bhuuuuuuuuu.

    2. Wezhira Wezhara

      To hell with you @Nacido Rico Willard Mubvumbi. Stupid

  14. Comment…Isu tinosarudza Mwari vogadza……Nyika nekuzara kwayo ndiMwari…Mwari vanoziva zvavanoda kuita neZimbabwe iwe neni tingamhanye mhanye but God is there to take us from Egypt to Canaan only God knows the Moses and the young Joshua….so fellow Zimbabweans don’t say Chamisa this or ED this give God the way and surely you will see that he is the way the truth and life………..

  15. Its nonsens Chigumba you are corrupt.

  16. Ndarama, Dzidzo neZvinokosha, hazvikunde Ruzivo neKutya MWARI!!!!

  17. We need to approach this with a very sober mind. Chigumba is just attacking Chamisa’s argument and not defending or explaining ZEC’s conduct and operations. Firstly can they explain the polling stations which were not there disenfranchising Zimbos of their vote. Secondly came they explain the discrepancy between the presidential and parliamentary votes and what happened to those ballot papers. Thirdly why did they pronounce a 72% instead of just saying we had an 85.1% turnout? If ZEC cannot pronounce the correct turnout , how can they pronounce the correct results? Fourthly, ZEC is not there to defend ZANU or Ed , ZEC is there to defend and explain how they conducted the polls. Fifthly why did they not announce the presidential results when they announced the parliamentary results. Why is it up to now we do not have any breakdown of the resulta ward by ward , district by district, province by province

    1. Wabaya, wedzera. Facts of law are important and not technicalities. They only delay the process.

  18. ed pfeeeee

  19. kkkkk maMDC hamuna mafacts saka muchingopera nekutuka just like your boss Chamisa aituka ED iye achingotonga.

  20. iyo ipoda yerudziiko inozorwa nembuya iyi

  21. 3 out of 8 comments here default to God judging the ZEC chair on judgement day, as if they know what will transpire on the final judgement day. People should read the Bible in full and understand the scriptures and not resort to relying on God to punish their earthly adversaries because they are disappointed with how life has turned out here in this lifetime. God is not so petty. Read the Bible.

  22. chamisa imbokura,uye tanga wanodzosera masanctions awakauya nawo uchitadza kuuya nezvekucampainer

    1. KANA MUNHU AKAPINDA BASA NEZANU OR ACHIDYA NEZANU HAAGONE KUZIVA ZVAKANAKIRA CHANGE .NWAY ZANU HAS FAILED FOR 37 YRS SO IN MY OWN OPINION IT WOULD BE BETA FOR US TO COME TOGETHER AS A COUNTRY AND TRY THE OPPOSITION .TOMBOONAWO KUT THE SAME PROBLEMS WE ARE FACING TODAY ,WILL THEY REMAIN THE SAME .5YRS DZINONGOPERA TONGOMUBVISA CHAMISA WACHO FUTI … THE TRUTH OF THE MATTER HERE LADIES AND GENTLEMEN IS MNANGAGWA AKAROHWA KWETE ZVISHOMA .ISU TINOSHANDA MUZEC MACHO TIRIKUTOZVIZIVA KANA IYEYU CHIGUMBA ARIKUTOZVIZIVA AND EVIDENCE CHAMISA ANAYO CZ TAITOVA NEVAMWE VEDU VAKAISWA NAMUGABE KTI VAKANDE GARWE MUMVURA SO TAURAI ZVAMUNODA BT ….BIG UP PRESIDENT CHAMISA MUTUNGAMIRI WEVANHU …THE CONCOURT WIL SHOCK U MAZANU PF TS BETA U BUY MACARDS EMDC NW CZ MUCHATAMBURA ENDE MUCHAROVEKA

  23. Ana Anonymous ngatisa mhanyere kungoti nonsense zvenhando. Verengai munzwisise ma figures ayo arikurehwa na Chigumba motiudza kuti ari nonsense papi pacho. Because ku court hakushande nekuti nonsense but with evidence. Chokwadi chiripo ndechekuti kurohwa makarohwa vakomana and u are now clutching at straws. Kutuka Justice Chigumba kuti stupid, hure, nonsense or whatever vulgar work that comes to your immature brain does not and will not change the results. U better start accepting reality iripo and move forward. The bark of a dog will not stop the movement of a train. Ichooo

  24. You might accuse one another but GOD has the answer/s.Please respect other peoples opinions. Mwari pindirai

  25. Ian Smith used to disenfranchise Africans saying we cannot have one man one vote because it will like counting sheep as Africans cannot thing, they needed education to understand democracy and the rule of law. He would would laugh at baseless accusations, insults and inappropriate references to God on comments above. What’s given here is a court document given by a judge to defend herself/case in court. Please read it thoroughly and carefully so that you are able to discredit it or support is. Those who are not doing this are either clever enough to know that Chamisa has not got case, and thus their emotional unAfrican reactions or have not bothered to study it and thus have only an intention to give us their fact less opinions on this platform. Their language and tone conforms the to same from Chamisa’s baseless, entitled posturing and substance lacking campaign speeches. Its the reason why he lost even though I am one of those who voted for him against my better judgement. This real stuff people and the court will decide on real facts for or against. q

  26. ummmmmm its a pit to you vanhu vezanu off. i was born 26 years ago mbavha dzezanu muchingotonga. taneta neparty yenyu yembavha nemhondi makapedzana pachenyu now makuda kuty pedza futy kusanyara.

  27. All of you aught to wait for the 22nd. Not even one of you is Luke Malaba.

  28. Nokuvukura, nokuvukura…

  29. its surprising that chamisa is now talking abt elections being rigged but on the election he was saying that he had employed antirigging experts in all polling stations where are they now…dakoooo rake chamitiswa

  30. Nokuvukura nokuvukura….

  31. Well then get together with your leaders and supporters to come up with policies and strategies, come out to us people and convince us why you are good for us and maybe you could win. If I am saying I voted Chamisa how do you label me Zanua PF? Your insults will ensure you stay as a minority opposition party. You and Chamisa. We are reasoned people voting for what is go for our families. You sulking and insulting and see where that gets you. You will also mature individuals and as a party when you realize that people do not have to agree with you all the time

  32. UKAZVIONA PAPI IWE

  33. tamirira court zvemunewspaper haisi solution

  34. Farai Johnson Nhire

    The campaigns themselves gave a very strong hint that ZANU PF was hearded for a victory but all that evidence was rubished by some so called political analysts through print media and social media. Imense crowds of jubilant Mnangagwa supporters were often dismissed as people who were very good at pretenting and would not vote for Ed! They were Chamisa’s supporters instead!! Surprisingly enough, Chamisa believed those obvious lies. Just after the polls fake social media messages abounted which said Chamisa had beaten Ed in Uzumba and other rural constituences, on the basis of which Biti made his announcement which got him in trouble. So you can see how childish and gullible the opposition leadership is. Biti sincirely believed what he annonced. Very sad indeed.

  35. Its irresponsible for all parties involved Chamisa, Mnangangwa and ZEC to disclose the so called evidence in the press instead of the court it gives the opponents an idea of what to expect in court but anyway im just a conserned citizen let seat back on my couch eat some pop corn while the drama unfolds

  36. Panofa munhu hapashaiwe muroyi.MDC ALLIANCE makarakashwa makungowukura muchingowukura.

  37. Comment…maoneroo angu ngatimbotarisawo kuti chamisa akaita minister we ICT and he was 30yrs that tym bt hapana paakaporonga kuministry yake koo vana ed ava vaiveo maministers panguva iyoyo vakaiteiwo ngatisangovenga munhu ngationeiwo mamiriro ezvinhu unogona kutikuvadza nechirungu pano tigoona sewakadzidza nyamba chirungu chete hapana zvinozikanwa basa rega rega rinotodzidzwa ogowana mapepa aro unogona kutaura chirungu bt wakaita crop science zvematongerwo enyika hauzvizive asi ukutaura chirungu pano pamwe wakaperera grade 7 kumusha futi kwakatosarawo zvako apo uridofo futi kumusha kwacho waakuuya kuzo dzidzisa vanhu vakatoita zvekuenda ku chikoro chezve politics haa guys ngatimboitawo serious

  38. Cde Magamba Tichatonga

    Does Chamisa still have a party since the alliance was demolished by Zanu, this guy is politically finished and should look for a job as a herd boy, there is no unreasonable lawyer like him on this earth and besides bickering and pickering he going to lose the court challenge on top of dismally losing the elections. He is a chancer, a political misfit, a power hungry imbecile who doesn’t even know how to interpret the constitution of this great nation, he is a very blasphemous pastor! Hell is the only place that he belongs to!

  39. Mati madii maZanu pf ,muchipedza kubirira maelections economy yobva yakugadzirirai size chaiyo mobva matanga zvenyu kubvorongana muchiparty ichocho chembavha nemhondi ,mboko dzevanhu.

  40. You are all wasting time trying to outdo each other here. Just wait for 22nd August for the learned judges to give their verdict on the matter. Pedestrian debates and scolding each other won’t change anything my fellow Zimbabweans.

  41. i think the electoral commission must be appointed by all parties. each party will nominate their members. I think in the future all these problems will go away. an election doesn’t need such disputes.

    1. These old men must go with their dreams and memories of past events and make way for the young and vibrant, forward thinking next generation.

  42. Wating fr the 22

  43. Comment…ko chamisa inga aiti ndakazadza vanoona mavotes kwese hakuna anobirira why now arikuti akabirwa KUNDOPFEKA MAFANA…..ED PFEEEE UNGATIDII HAAPAAANAAAA!!!!!!!

  44. Comment… The madam judge and her team disappointingly failed to answer qns raised by journalists during anouncement of results. She was largely absent from the process without any explanation. Surprisingly she now has the energy and courage to speak. ‘ Hove izoziva panobva simba rayo wani’. I hope she is running on a full tank and not on borrowed energy.

  45. Comment… Those who are good at ululating should keep the noise as low as possible since they have nothing to offer.

  46. Comment… Channon and McClish were good mathematicians. Some people have to study such texts to sharpen their mathematical oblankata

  47. Chigumba must resign

  48. Comment…We fought for this country when some of you were sleeping I pity those born after 1980 nga bantwana kabazilutho but for you Cowards shame on you chigumba you are a hero you speak for FC and chamois what will the USA do for us ask the people of lybia and iraq they are now suffering because of American greed is it not chamisa .who is requesting for sanctions from USA for those born after you don’t know where the country came from heroine chigumba we love you qhawe

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