2018-08-25 newsday Thabani Mpofu speaks on ConCourt Ruling By newsday - August 25, 2018 Do you have a coronavirus story? You can email us on: email@example.com 15 Comments Order August 25, 2018 at 1:37 pm The real question is why didn’t you request the opening of the ballot boxes within the required 48 hours. Why didn’t you do that which was necessary to provide primary evidence? I watched the whole process twice over and am convinced that you fell short Sir. You are an excellent lawyer but you met your match in the cool operator, Advocate Tawanda Kanengoni. Instead of organizing a protest march in the CBD the Alliance should have been requesting the opening of the ballot ballot boxes and verifying primary evidence. Jive Mabhindauko August 25, 2018 at 10:10 pm The answer is simple: Poisoned chalice. ZANUPF had extra pre-marked ballots they could have very easily stuffed into those ballot boxes to make up the difference. At any rate, why did the courts not address the anomalies in the numbers provided by ZEC! If you see a goat, do you have to prove it is a goat when it is meeeeiing in front of you? peace August 26, 2018 at 8:28 am if there was a 100%+ voters turnout at some polling stations that could have been picked if the ballot boxes were opened. norman August 25, 2018 at 1:59 pm They should do the decent thing and accepted defeat. eliasha August 25, 2018 at 3:15 pm the court process was beamed live and whatever move mdc is going to take it will not have takers and sympathissers as the truth is now known and these guys must have been taking orders from somewhere and that source was revealed by the war vets, its a pity ed now has more sympathisers because of what was exposed by the court mkanya August 25, 2018 at 4:43 pm Our court is in favour of Zanu…mdc is our party and will continue supporting it kingDavid August 25, 2018 at 7:43 pm Comment…mkanya u are a legal pedestrian. ..thr z no way the alliance was going to win without primary evidence dummy Q.E.D August 26, 2018 at 3:36 am Am bit disturbed by the frequently expressed unintellectual belief in the capability of legal presumption to eradicate, let alone alter, reality; when mankind’s intellectual myopia guides it to glorify and celebrate grossly aberrant mathematical perception, as divine gift. The more blessed are trivially less inclined to celebrate falsehood. Its all about fundamental purpose of university education. Society’s hunters torch in TRUTH QUEST. Q.E.D August 26, 2018 at 3:47 am Am bit disturbed by the frequently expressed unintellectual belief in the capability of rebuttable legal presumption to eradicate, let alone alter, reality; when mankind’s intellectual myopia guides it to glorify and celebrate grossly aberrant mathematical perception, as divine gift. The more blessed are trivially less inclined to celebrate falsehood. It all ultimately boils to intellectual honor of party’s sincere perceptions , the fundamental purpose of university education, as society’s hunters torch in TRUTH QUEST. Osiel Tendayi Chakawuya August 26, 2018 at 3:48 am In all fairness the judges should have opened the ballot boxes and proved for themselves having noticed that the lawyers had missed that aspect. It is like punishing someone for their ignorance and call yourself a just person. Anonymous August 26, 2018 at 6:30 am They say ignorance of the law is no defence. The judges’ duty is not to prove anything. The judges are not ZEC but MDC should have requested the opening of the ballot boxes and then argue thereafter to say the contents which you see are poison. I am shocked why a party with a bedrock of lawyers could have missed that blindspot. Tichaona August 26, 2018 at 9:45 am Why recount ballot boxes from a ghost polling station? If indeed ZEC had colluded with ED do you think they wont temper with the ballot boxes to reflect the fake figures? If you ask for a recount they will produce a ficticious ballot box. This is obvious. Unless you were also there guarding the ballot boxes for the whole 2 days of which its not the case the boxes will be in ZEC’s custody. Anonymous August 26, 2018 at 7:57 pm If this is the thinking in the MDCA, God please help us. Mwari pindirai. The basic legal principle is that when you suspect that a crime has been committed, you must secure the crime scene so that evidence can be collected. The law is very clear on how this should be done in the case of an election. But becoz imi vanhu makavata you continue to be taken for a ride nemwana muduku akadai. Now here are the facts. Vane nzeve dzekunzwa inzwai. 1. Through the campaign period Chamisa was so sure that nothing short of a win was the only possible outcome. True to these claims, the week before the election was held, Chamisa sent his lawyer a Mr. Sibanda to call a press conference in which the lawyer affirmed this Chamisa position. At a rally in Gweru Chamisa himself confirmed this position on the last day of campaigning. 2. A day after the election Chamisa claimed that he had V11s for over 10,000 polling stations which clearly showed that he had won the election. But when ZEC started announcing results they clearly showed that ZANU PF was running away with the election! But surprisingly, even though the results announced by ZEC were contrary to Chamisa’s beliefs and claims, and even before ZEC announced the presidential result, Chamisa ordered his supporters into the streets to demonstrate. The demo was crushed. A day later ZEC announced that ED had won. Now this is why I say makavata. Mukai. Chamisa is a lawyer, Biti and many other MDC people are lawyers. So even before this Mpofu guy was given the job to handle the pertition, these MDCA guys should have familiarised themselves with the law. Coltart even went on tweeter asking for their people to bring V11s. There were even claims on social media that Chamisa, the tough guy had gotten hold of the ZEC server with all the info. There were also claims that MDCA had a secret weapon. There was also a picture with a long line of documents that were going to be presented in court. Everybody thought it was the election material from MDCA election agents. But we all now know that on 22/08 Thabani Mpofu, Chamisa’s lawyer presented no V11s, no secret weapon, basically no evidence. MDCA had not secured the suspected evidence, instead preferring to call it poison. Thabani Mpofu wanted ZEC, the accused, to bring self-incriminating evidence to court. How stupid. Which court in this world allows that. The burden of proof lies with the accuser, not the accused. Now we have a situation were you want us to suffer for your incompetence. Kwanai. Chamisa decided not secure the court to open the ballot boxes because he knew beforehand that the election residue proved that his claims of rigging were false Tatenda August 26, 2018 at 11:41 am Today I choosing to watch Pope Francis in Ireland and coverage of John McCain’s death on other channels instead of being proud of a ‘New Zimbabwe’ that has dawned. Toropito August 26, 2018 at 8:46 pm Mr Mpofu your video means nothing. Nothing. In fact its useless. Ukuda kuvhara vanhu chete. All you needed to do was; 1. Within 48 hrs after the announcement of the presidential result by ZEC, you were supposed to apply for a court order at the Electoral Court to have balloted boxes opened to verify the voters role, ballots and V11 forms. 2. Gather all your V11 forms signed by your polling agents. 3. Within 7 days after the announcement of results by ZEC, lodge your petition at the Concourt 4. Ensure that the Sheriff of the Court delivers the petition to all respondents, especially ED and ZEC. In court, you submitted that the Sheriff was coerced or refused to deliver the papers to ZEC and ED. But because you had not acquainted yourself with the laws and rules on presidential petitions, you did not know that the law directed you to the Registrar to advise them that the Sheriff was refusing to deliver your papers. 5. In your Head of arguments you were supposed to tell the court that you suspected foul play and you would want the ballot boxes opened so that YOUR V11s would be compared with what was in the ballot boxes. Zvose zvamuri kutaura zvekuMash Central, Masvingo, Hwange and anywhere else ndipo pazvaionekwa ipapo kuti manyepo here or ichokwadi. That is where Chamisa would have nailed it. Even inini ndisiri lawyer hangu could have stood in that court ndakapfeka mapata pata and made those submissions in 15 minutes and win the case for Chamisa for a fraction of the cost. Chamisa would not even need to hire expensive lawyers from SA. Kana $10,000 ndaikwana. Thats all that was needed. Kwete this fanciful presentation yawaita apa. Its useless. What was the use of citing those other useless losing candidates in your papers. That was unnecessary. You just wanted to show off. Thats it. Now Chamisa is faced with a legal bill of over $3 million because of you. Court yakaresva vaidai vakati iwe Thabani Mpofu usabhadharwe and ubhadhare mari idzodzo because of your incompetence. Lastly, iwe Thabani ukuda kungotamba nepfungwa dzevanhu panapa. You know that Chamisa lost that election hands down and the V11s proved that. Thats why you did not seek their reopening. Waifunga kuti wakangwara manje wairasa. Ikozvino ukufurira mwana kuenda hamheno uko kuma human rights kunodii. Hakuna chinobuda uko. Zvakatovharana. The least you can do is apologise for this gaff and ask people kuti vaite sendi sendi Neriseni abhadhare chikwereti. Comments are closed.