It’s God’s time: Chamisa lawyers

MDC Alliance presidential hopeful Nelson Chamisa’s lawyers said they had now left everything to God to make a verdict after they argued their client’s case at the Constitutional Court (ConCourt) on Wednesday seeking to overturn President-elect Emmerson Mnangagwa’s victory in the July 30 elections.

BY Everson Mushava

Chamisa’s lead lawyer, Advocate Thabani Mpofu said he believed they had done a good job and “what remained was God’s part”, as Zanu PF spokesperson Simon Khaya Moyo called on parties and their supporters to remain calm and be prepared to accept the ConCourt’s ruling this afternoon.

In an interview after Wednesday’s gruelling ConCourt hearing, Mpofu expressed optimism the outcome would be favourable to his client.

“We have done our best, it is now for God to do the rest,” Mpofu said.

The ConCourt will today hand over its judgement in the case in which Chamisa is seeking to be declared winner of the July 30 elections, claiming Mnangagwa’s narrow 50,8% electoral victory was fraudulent.

Chief Justice Luke Malaba and his full ConCourt bench on Wednesday reserved judgment in the matter to today, but anxiety has remained high among supporters of both parties.

“As the ConCourt delivers its verdict tomorrow (today), let the nation embrace the outcome, let the nation embrace the outcome with calm, decency, sobriety and genial composure,” Moyo said in a statement yesterday.

“The focus should be on unity, peace, non-violence and promotion of irreproachable national conduct. We are one family, one people and one nation. Forward with economic emancipation.”

But Chamisa’s spokesperson Nkululeko Sibanda was non-committal on whether his boss would accept a negative outcome, curtly saying: “President Chamisa respects constitutionality and rule of law and that is what he is. He is ready to accept an outcome that reflects the evidence given in court. The president will not speculate what the court will say, but he is sure with the advice given by his lawyers that the results announced by Zec are not a true reflection of how the people voted and the matter has been proved before the court.”

Sibanda said Chamisa was appealing to people “trying to manipulate Zimbabwe’s system to accept that our country can reform and become a fledgling democracy”.


He added: “Zec failed to answer fundamental questions, including the 300 000 who voted in Mashonaland Central within an hour, the disparity between the voter turnout for the presidential and parliamentary elections, Zec’s final figures that do not tally, among others.”

Sibanda urged the government to respect the constitutional rights of its citizens, including their freedom of association and assembly.

In his submissions in court, Mpofu said the mere fact that Zec changed figures for the presidential election three times before the court hearing meant that its data could not be trusted and created the basis for the nullification of the election outcome.

Mnangagwa’s lawyers, Thembinkosi Magwaliba and Advocate Lewis Uriri expressed confidence that Chamisa’s application would be dismissed in today’s ruling.

“The application is frivolous. We are confident there is nothing placed before the court, the application is non-legal, but is meant to be a political show elsewhere,” Uriri said.

Meanwhile, one of the losing presidential candidates, Daniel Shumba, yesterday insisted that the ConCourt should have considered his submissions.

Shumba, Build Zimbabwe leader Noah Manyika and Coalition of Democrats leader Elton Mangoma had their submissions dismissed on a technicality.

“However, I found it unfair because of the absence of rules governing such a critical matter. The court would have been enriched from the arguments we would have made. It had the right to dismiss it after getting all the information. We are now blaming gatekeepers because we were not allowed access to the fountain of justice. The court was not going to lose anything in hearing our submissions.”

Shumba urged the bench to consider the effect of compromising the people’s will while making a judgment in the Chamisa case today.

“In coming up with judgments, the bench needs to consider the effect of compromising the people’s will. The fact that figures have changed compromised the verdict for the first and 23 respondents. Coming generations will be visited by the polarisation created by this judgment. I trust that the judges will cross over the horizons and come up with an informed judgment.”

He added: “Judgment will be handed tomorrow (today) and we are, however, curious on why such hurry. It will be difficult to extrapolate sufficient data. However, our judges are competent and have received awards and the nation can be expected to expect a fair judgment.”

“The consequences of this judgment cut across the internal power play, but have the effect on the economic recovery of our country, confidence building and regard for the rule of law by the apex court. We remain prayerful and trust God that the outcome will be for greater good,” he said.

35 Comments

  1. Mdc dismally failed to present their case at the concourt. Just empty rhetoric and baseless accusations.Therefore it will not come as a surprise if the concourt upheld the results

  2. Mere unsubstantiated allegations cannot stand in any court of law.

  3. The good thing about this whole process is Chamisa gave people an opportunity to hear his shallow arguments according to me a laymen. We now hope whoever loses accepts the results.

    1. Maybe so, but I think a lot of people misunderstood the angle from which the Applicant based his arguments… That if the body that is mandated at law to run the election blunders, noone must benefit from this wrong, they cannot be trusted.

  4. Subjudice please Zimbabweans of all ranks and offices.

  5. If only the court could take special note that the PRINCIPAL stake holders a cover much broader radius than Applicant and Respondents in this matter. Hence matter might not be legitimately disposable through litigant material omissions. But more legitimately through taking due notice of significant averments brought to the court’s attention. It is above all about individual contribution to national good BY ALL possessed of such opprtunity in this matter. Whilst only ignonimity duly awaits those in deliberate selfish resistance. In circumstance a quality university degree curriculum normally produces national manpower capable of EASILY distinguishing True from False for national good.

    1. Muranda effective communication is one which conveys your opinion in a clear and consice manner. A bombardment of irrelavant vocabulary does not work

  6. Subjudice please
    Zimbabweans of all ranks and offices!

  7. No evidence was presented before the courts, we all heard and saw what Mpofu was saying. They create lies, believe them, let their supporters believe them then expect the objective world to also believe them. It does not work like that.

  8. God’s time indeed. I prayerfully hope that by saying this whatever the decision MDC will see it as God’s will and NOT only if they rule in there favour!

  9. Be careful, Chamisa’s ‘god’ may require more human sacrifice and blood! Open your eyes people.

  10. Vana papa nana fari kkkkkkkkkkk open yo eyes or makanazwiswa ne zanu muchafa nenzara ndopamuchavhurika brain

  11. With what I saw on Wednesday, our lawyers were all good, there was no need to hire from outside our borders. Keep up the good work, the Madhukus, continue with the good work of training our lawyers. The only thing is that you were representing different interests but you tried your best. We have confidence in you guys, we are prepared for any outcome, the nation has to move on.

  12. Vanhu vano suporta zanu so vana papa nana farai muchazovhurika but yave too late

  13. Advocate Mpofu fully knows that he presented no evidence of vote rigging and proof that there we huge abnormalities that warrant any deviation from the results that were announced by ZEC. It is therefore an abomination and ridicule that based on outright lies, the MDC-Alliance wants God to intervene on their behalf. If Mpofu expects God to be just and our Lord is a loving God, he should also know that God hates a lying tongue (Proverbs 6: 16 – 19). Mpofu should also know that we must not put God to test (Deuteronomy 6:16 and Matthew 4:7). Why should one be rewarded for a shoddy job and those who performed better not rewarded. The first lady lawyer was far much better than Mpofu if justice is to be done. Emotions do to help in such cases. The MDC should have engaged an independent lawyer as Mpofu was too emotional which resulted in him doing the job properly. The MDC can chose not to accept the judgement to their peril. Chamisa knows that of the judgement is against him, he is finished because he has no party to lead. The alliance was a boy’s club and he can not revert to the MDC-T because he is no longer a member, hence he will fight hook and crook to survive. Fasting and praying for the wrong motive has never achieved anything. There are time when the Israelites went to battle with the ark of God with them, but because the Lord was not with them they lost dismally (1 Samuel 4 : 1- 11). The MDC did itself i disservice before the elections, lying that they had been promised loads and loads of funding, and Biti even childishly saying Paul Pogba of Manchenster United had promised Zimbabwe money. Whom does he take the other learned people of Zimbabwe to be. We are not dim wits who just grab what we hear or are promised. From the start the MDC did a shoddy job and based its thinking on the number of those who attended its rallies, not focusing on those who did not attend who were much more that those who attended. Chamisa knows that he lost and he wants to save face but he better watch out that he does not selfishly pursue agendas that will result in God’s wrath being upon him. We have the likes of Savimbi and Dhlakama as references.

  14. what if the concourt dismiss the results. would you change your opinion? That is the reason the mdc did not engage you as a lawyer. you are biased. why cant you wait for competent people to comment?

  15. If only facts are to substituted for rich vocabulary, then Chamisa will win, however facts as they are are stubborn. ED Pfeeee

  16. machinja u a selfish muri mapuruvheya your mpofu is a school head boy not a lawyer .a common man in the steet knows about the burden of proof….. he was just vebotic

  17. Justice will prevail. Innocent lives were sacrificed by selfish individuals lying to them that they had evidence of rigging. Rushing to the concourt with baseless arguments and facts cannot create miracles. The good thing is the court case was beamed live on air for everyone to see, hear and judge for themselves. Thumbs up for the move taken by Zimbabwe to beam it live.
    Unfortunately, some people were used and sacrificed who were being lied to and used by selfish individuals who wanted to make political mileage for themselves. The same SELFISH POLITICAL individuals who purport to be patriotic rushed to bring in a legion of foreign lawyers, ignoring our own talent here. Its a pity! Its a shame for such individuals. Facts are stubborn and reality and truth will prevail.I hope “vakaitiswa uye varikuitiswa” will open their eyes and smell the coffee

    1. Hanzi naChiwenga ukaenda kumaricho ne madhongi, madhongi ndiwo anobhadharwa here kana kuti muridzi. think outside the box.

  18. plus Chamisa anoda kuita Mwari wake ega pakudii..ED is also God’s person..Mkungoti mwari mwari mahara uchifunga kut anokusekerera..kutsanyisa vanhu mahara unofunga m=Mwari ane favour?/maZanu vatoriwo vanhu vaMwari vanotomunamatawo..Kungoita dzungu pese pese..cghamisa iStupid yemunhu chaiyoooo…zvino kamamaaaaaa

  19. I have been reading your comments and a lot has been said about the statement ” no evidence”. Do people understand law at all. When Zec admits that it adjusted the figures by 1%. One will definitely rely on such primary data. If more votes were recorded on presidential candidates as compared to the MPs and Councillors and there were no records of voters who chose to forgo their rights to vote for MPs it also affect the primary data because such records are not available as they are used to compute the primary data. If more voters were recorded as compared to registered voters per center it affects the validity of the primary data. Is not going back to such contaminated source what you call lack of evidence. What evidence were you expecting to see

  20. HAIWAWOOO

  21. Tongayi tione kuti muchasvika kupi asi chokwadi chichabuda chete chandinoziya ndechekuti ZANU PF hambofa yakachinja zvinhu munyika.

  22. Tongayi tione kuti muchasvika kupi asi chokwadi chichabuda chete chandinoziya ndechekuti ZANU PF hambofa yakachinja zvinhu munyika.zanu pf is full of lairs and crooks??????????????

  23. If wishes were horses beggars would ride,Chamisa must go and sleep he will wake up with new of contesting to be a headman nxa

  24. Ma chinja haana strong argument vanyura apa

  25. Comment…how can 300000 people vote in an hour? how can you change figures 3 times? neither im a politician nor statistician but i can see ….

  26. zacks mudzimirema

    ED PFEE vanhu ve MDC vanopenga Ve Uzumba varinani

  27. kutaura kwamusina kuswera mirirai judgement

  28. Ukaona munhu anomhanyira kuti ini pangu ndapedza kwasarira Mwari ibva waziva kuti munhu iyeye haana nyaya. Ku court kwanzi kuri kudiwa hard facts iwe uri kuuya ne rhetoric wofunga kuti Mwari vanopindira ipapo? Get real. Zvimwe zvese zvaiwawatwa na Mpofu zvekuti hanzi heee scaf heee ma numbers azofanana {ko asi hakuna chinhu chinonzi coincidence} heee this and that trivial, court was not interested in all that hogwash paidiwa PRIMARY HARD evidence baba

  29. MDC lawyers were a waste of time, they did not even get the basic rights. They built their case on the basis of data from V11 forms and then fail to attach the V11 forms to their original bundle. The court was right to tell them they could not do that afterwards!

    They were asking for the court to declare Chamisa the winner and yet they did not show in the evidence a revised calculation in which Chamisa had the 50% plus of the votes!

    “We have done our best, it is now for God to do the rest,” said Chamisa’s lead lawyer, Mpofu.

    After such a monumental fcuk-up, no wonder they were turning for Divine intervention!

    MDC leaders were warned that participating in the elections with no reforms was insane but they would not listen. What these MDC village idiots have done here is comparable to someone who is warned that there are crocodiles in the dam but would not listen and dive in. When he is a kilometre from the nearest shore finds himself surrounded by floating logs and prays to God to save him!

    Chamisa himself has just returned from his Mount Murewa, his answer to Moses’ Mt Sanai; where he was fasting and praying for Divine deliverance! “God is in it!” he said.

    “It also says, ‘Do not put the Lord your God to the test.'”

    And these MDC VIs they think God has nothing better to do than saving them as they blunder from pillar to post!

    What a fcuk up! What a monumental fcuk up! One only hopes that this fcuk will finally force the people of Zimbabwe to open their eyes and see these MDC leaders for what they really are – breathtakingly corrupt and incompetent village idiots

  30. ED PFE,MDCA PFUUUUUU

  31. Chaizviziva Nelson Chamitiswa kuti hachina kuhwinha! Kutamba nemaemotions emachnja! Vanhu veHarare vazhinji vakapata. Ndimo munonyanyodyirwa vanhu mari nevaporofita venhema & ndimo mune mazivanhu anonyengerwa nembwende inonzi Biti kuti ngatishandise metal bars & stones to fight soldiers. Ndimozve mune vanhu vanobvuma zvose zvataurwa naChamitiswa isu tose tichiziva kui ndiye Satan baba nenhema. How many times has he lied & how can someone with brains in his skull still want to believe any word he utters unless he needs a psychiatrist? Haiwa, vanhu vakawanda muHarare vakapata mhani!

  32. Comment…e d pfe-e.chamhamha ;(pfuchu

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