Malaba sets ground rules on Chamisa case

Chief Justice Luke Malaba yesterday set ground rules on how the Constitutional Court would deal with MDC Alliance leader Nelson Chamisa’s petition where he is seeking to overturn President-elect Emmerson Mnangagwa’s recent electoral victory.

BY Everson Mushava

Chief Justice Luke Malaba

Justice Malaba, during a pre-trial conference with all parties to Chamisa’s court challenge in his chambers in Harare, reportedly ordered that losing candidates could only file their responses if they were opposed to Chamisa’s application.

Malaba also set August 22 as the date for the hearing of the presidential challenge.

Chamisa listed all the 23 applicants and the Zimbabwe Electoral Commission (Zec) as respondents in the matter in which he wants to overturn Mnangagwa’s narrow win in the July 30 watershed polls.

“What the Chief Justice said is that you can only file if you are opposed to the application. If you are in support of the application, you had your own time to file,” MDC Alliance secretary-general, Douglas Mwonzora said.

United Democratic Alliance (UDA) presidential candidate Daniel Shumba, who had filed in support of Chamisa’s challenge also confirmed the development, but said he was against the idea.

“We can’t have anybody to say if you are supporting Chamisa we can’t hear you. We can only hear anyone supporting Mnangagwa,” Shumba said.

“Respondents must be heard, you cannot muzzle people. There is nothing in the Constitutional Court that allows for the muzzling of litigants.”

According to Shumba, Justice Malaba accused the other candidates filing in support of Chamisa of trying to bring their arguments through the back door. The top judge argued if the other losing presidential candidates were against Mnangagwa’s victory, they should have filed their own petitions within the seven days prescribed by the law, not to hide behind the MDC Alliance leader’s court challenge.

But Shumba said his right to be heard was guaranteed in sections 165 and 167 of the Constitution.


“It doesn’t matter whether I am a respondent or applicant. I have the right to be heard,” he said.

“I will not be intimidated to abandon my democratic and constitutional right.”

Build Zimbabwe Alliance losing presidential candidate, Noah Manyika who filed his papers against Mnangagwa vowed to challenge the move.

“I did not attend the meeting, but I am consulting with my lawyers to hear their legal opinion on this. You know Zanu PF has always wanted to dismiss this matter on a technicality and I don’t know how legally or politically this can be sustained,” Manyika said.

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16 Comments

  1. Justice Malaba, during a pre-trial conference with all parties to Chamisa’s court challenge in his chambers in Harare, reportedly ordered that losing candidates could only file their responses if they were opposed to Chamisa’s application.

    SO ONLY THOSE IN SUPPORT OF THE THIEF ARE ALLOWED TO TALK

    1. shunguhadziurayi mangarayi

      SHAME ON YOU IDIOT. Whom are you referring to as a THIEF? So you want the CJ to bent the rules of the court because it involves mcda? Why did shumba not file his own petition if he had anything against the outcome of the results as a contesting candidate? He was given false hopes by utterances on social media by chamisa and his lawyers that chamisa will win the case so he hopes to be taken on board in chamisa’s cabinet kkkkkkkkkkkkkkkkkkkkkkkkkkkkkky What an idiot shumba. Futi mutupo vangu vakakanganiswa kuitwa surname yemunhu asingafungi. Hee intimidated hee my right who intimidated you? The CJ is simply doing what the Law says and not what you think or want him to say. Manje you are relying on a sinking boat hameno kuti uchaburitswa nani coz chanyiswa haachina party. Alliance yatoparara apa haachina kana constituency kwaGutu akadyiwa futi heyiiiii ma 1 chaiwo.

      1. who was holding larger percentage in alliance ?what makes you to think that the party with 39 years can dissolve like that? im only asking

    2. simbarashe shoko

      Chamisa filed his case against Zec,Zanu and others.If Noah Manyika support Chamisa it means you are in agreement of everything said by chamisa’s. Its lawful to support but the problem is you have been cited as a respondent and not as a witness. Attention seeker Noah Manyika was supposed to file his case against Zec and Zanu. He was not supposed to smuggle his case now hiding behind Chamiswa. A chief justice is not a childish retard. Be firm Mr Judge and teach the fake advocates some LAW lessons.

      1. ah okay thanks for the clear explanation. Many are arguing this case based on emotion without knowing the legalities

  2. kid marongorongo

    first blow on chamisa before the case is even heard, young man this thing is too big for you go and try to practice clacks nevafana kumbareand leave politics to politicians.

  3. What is a respondent in a court application? It should mean you ought to respond to the application, hence papers are served to you as well. This is very good as it will expose fake opposition candidates to action. Its time for everybody to either stand with E.D or Chamisa……no fence sitting. But this order by Malaba is meant to block & protect them

    1. thats the unfortunate truth these guys thot it was just the old usual easy going now they are faced wih something they never dreamt of all their life

  4. Imi vanhu ve MDC (of whatever surname) and all u other opposition candidates muri madununu evanhu. Before elections u tried very hard to arm twist Justice Chigumba to break the law and accommodate your silly and stupid demands. Mukatadza. Now you want to lecture the Chief justice on the interpretation and application of the law? go to hell mhani musatinyangadze. Manje if you dont comply with the law munongo ruza full stop. Chete imi magara muri vekungo ruza hapana chitsva apa. Kikkkkkkkkkkkkkkkkkkk

  5. hapana hapana izvi….nxaaaaaa

  6. We want maturity in all respects. I totally agree with all the sentiments raised from both sides in terms of the litigation process. Submissions made, responses raised and the process itself whether the other side has successfully filed as applicants or as respondents. Litigation processes have clearly laid down procedures which all should satisfy at the end of the day. Failure would mean delays in the process due to technicalities that the other side would want to exploit. What really matters are the facts of law in the matter before the courts. Which i think every comment raised by who so ever might want to go deep on. Hence we will be fully understanding. Thank you.

  7. Farai Johnson Nhire

    Rules are rules and cannot be bent to favour anyone , that’s what the opposition should be taught. Rules and procedures are laid out fore the good of the whole nation and if the rules are wanting, they can be corrected by the whole nation through representation in parliament. That is the function of the house of REPRESANTATIVES. REPRESANTATIVES. REPRESANTATIVES!!!

  8. Malaba Chibaba chemutemo Daniel Shumba sorry hako.

    1. you are not lawyers keep quiet party pawns. are you Chamisa? are you ED? are you Malaba? then you know nothing shut up

  9. the law does not care whether you are angry against an appeal or not. those with derrogatory language why not keep quiet? this is not your place to insult other people here. pliz keep quiet you are not a lawyer. stip to your political party

  10. Comment… Its a pity that there has been drama and drama will continue in zim Zimbabwe. after suffering since 2003 and you accept the trash going on in your country. know the following facts.
    1. there was a coup in Zimbabwe in November of 2017.
    2. mnangagwa ordered the army to shoot the civilians.
    3. there was only ZANU of on ztv prior to elections covering about 90 % of the electoral space.
    4. MDC alliance had little time to organise themselves.
    5. ZEC desfranchised civil servants who were not allowed to vote.
    6. I prophecy more sanctions and thus time around they should include no travelling to United Nations meetings and Zimbabwe should pay the debt it owes failure to which it should be auctioned.

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