Chamisa lawyer bares all

OPPOSITION MDC Alliance leader Nelson Chamisa reportedly faced serious legal obstacles in mounting his Constitutional Court (ConCourt) challenge against the presidential results last month, with fresh details emerging that the ConCourt bench demanded a lot of supporting evidence, which legally could not have been obtained within the given time-frame.

BY BLESSED MHLANGA

Chamisa’s lead lawyer Thabani Mpofu told NewsDay in an exclusive interview at the weekend that his team avoided seeking a recount of the votes because it was not the focus of their case and that it would have been impossible to access the residue within seven days. He cited a 2013 Supreme Court case where he represented Chamisa’s chief election agent Jameson Timba, who then had lost in the Mt Pleasant parliamentary election, but was denied access to the ballot boxes.

“I represented Timba in 2013. What the Supreme Court upheld was that if you want residue in harmonised elections, you have to cite everyone involved — councillors to presidential candidates — because this involved opening all the ballot boxes. So technically, it means you can’t get the residue in seven days to challenge the results,” Mpofu said.

If Chamisa wanted to access election residue, he would have had to serve, over 3 000 respondents 48 hours after announcement of the results, get the residue and challenge the election results within seven days.

Chamisa had indicated to the ConCourt that he had sufficient evidence, including V11 forms, whose tallies when added together, gave him a little over 2,6 million votes, beating Mnangagwa by over 400 000 votes.

Mpofu said the V11 forms had been placed before the ConCourt, but the Chief Justice Luke Malaba-led bench insisted on evidence adduced from ballot papers and other electoral residue, which they ruled was the only avenue to get substantial evidence to prove the rigging allegations.

“The exchange that I had with the judges was not about the V11, it was about the residue and what it means was what was in the ballot boxes. So when they were saying after the elections, if you decided that you wanted to challenge, you should’ve opened all ballot boxes, you obviously know that’s not possible. We had our V11 forms and presented them before the courts,” he said.

Chamisa reportedly faced a hostile judicial system, where his lawyers alleged that the deputy sheriff and registrar connived to ensure that their case would collapse.

Said Mpofu: “We had an unco-operative and hostile system to contend with, you know what the sheriffs did on instructions. You know the complaint that we had with the registrar refusing to accept process. If you go to court with a subpoena, nobody should ask you why you are issuing the subpoena, it just should be issued. It is for the person who has been subpoenaed to then object when they come before a court, so the subpoena must be issued. The person must come to court, if there is an objection, they must raise it. We cannot have a system which says to a litigant you can’t issue legal process. One thing that is completely unacceptable, much the same way you cannot have a system which says you instruct the sheriff to issue service and he deliberately doesn’t do so, and he tells you he was ordered not to do so. He had eight hours within which to effect service, and he completely refused. It’s totally objectionable. So that is the kind of system that we had to come up against, not only did we do our best.”

Mpofu added that their case also hinged on the Zimbabwe Electoral Commission (Zec)’s server, but they could not access it because the registrar refused to issue processes and Chief Justice Malaba had indicated that he would not accept any court applications, leaving Chamisa’s case hanging on the strength of Zec’s own admissions of its faulty election figures.


“So before the case, we had a case management meeting and the Chief Justice had indicated that no application would be heard at courts on the hearing day. If any application was heard, it would be dismissed. So technically, when we went to court on that day, we had an option of making an application to have the registrar compelled to issue the subpoena, but we knew that it would be dismissed, because clearly that is what we had been told. So we knew the state of that application and also we knew that it was clear that the registrar had refused to issue the subpoena, which would’ve told the truth, a truth which would have declared Chamisa as the winner,” he said.

Mpofu, whose eloquence failed to win the argument of the day, said the case was strong and did not need residue back-up.

“So this issue that has gotten the country crazy about the fulcrum and the pith, it comes in that context of saying that once you want to show that he (Mnangagwa) did not win, that’s the fulcrum of the case and it does not depend on the residue and I think you can see that. It depends on Zec’s own numbers,” he said. MDC Alliance has since uploaded the evidence on the Internet to prove that they had all the V11 forms and that they did not challenge the poll result from the blues.

60 Comments

  1. Farai Johnson Nhire

    Mpofu, you know that you are lying. There was enough time for you to include your v11 forms in the initial application, that is with the founding affidavit but you did not, why? You could also have guarded against any possible rigging by resorting to the electoral court with seventy judges specificaly sworn in for that purpose. You could have raised complaints of any iregularities there and then, within 48 hours in the presence of all concerned and an emediate remedy could have been effected. That did not hapen for the obvious reason that there was no rigging at all. Usanyepera vanhu Thabani, pa internet paunoisa ma v11 forms haisi iyo constitutional court kuna mutongi gava Malaba nevamwe vake! You must have presented your v11 forms with the founding affidavit and you refused because the information on them agreed with the announced results. You even lied in the application that you incuded them but the respondents found non. Zvokuisa information iri doctored panet to cause dishamorny muchasungwa VaMpofu.

    1. Mpofu clearly said the V11 forms were put before the court but the Judges rejected them because they are not primary document (they are merely summaries compiled by ZEC). The Judges wanted the actual ballots. Comprehension is difficult for you – I see. Next time read the text twice. three times then comment.

      1. USAMUDARO KANI, TAMBAI MUSHE KKKKKKKKKK

    2. Well said, this Mpofu lawyer has said many things in the said case that differ from time to time. The constitutional court decision is final so what does that mean to this lawyer? He is continuing with a closed case, like a loser.

      1. Mpofu is not continuing with anything. Ask the Journalists who keep interviewing him to stop it, if you no longer want to hear anything about the case any more!

    3. Zidofo. Why can’t you just read properly and then comment? The article clearly states that Chief Justice refused the V11 forms ans primary evidence. He wanted actual ballot papers

  2. I think this is total nonsense as we all saw the proceedings on tv and the leanered lawyers must just admit that he came short and second best and infact this has tainted his reputation as the Lawyer in town and it was very simple there was no backing proof and even infront of the judges it was conceded that the case was based on hearsay and now he wants to LIE to the world there had evidence question now is why did they decided to hide it but only mention it in newspapers, its a shame we are not gullible to these mischevious LIES.

    1. The screening of the court was meant to mislead the nation and foreign observers. The CJ was so hostile to Mpofu and Chamisa to such an extent as render the whole court case a farce. The CJ calls the shorts and no junior judge would dare oppose him(remember he is zanu PF to the core).

      1. lets not look for petty excuses for something which was as clear as day ,ladies and gentlemen the the applicant had no proof to back his case and anyone even a toddler would testify to this

        1. Your Gukurahundi ZANU PF never had proof that Dumiso Dabengwa and Lookout Masuku led dissidents isn’t it? That is why they were acquitted two times by the High Court. How come even to this day, after 38 years you still continue accusing them of dissidents? How come Joshua Nkomo is called the father of dissidents by some of you and your party, without proof?

          1. Can you also tell me how on earth the people of the affected region Matebeleland South and North overwhemingly voted for ED they know the truth but after all is said and done i do not see how you are trying to compare these issues i do not get it mixing apples and bananas are you mentally straight

            1. @aliasha Its people like you who are talking about evidence. The two issues are about evidence so they resonate. It seems you pick and choose about this evidence thing. Where it suits you Gukurahundis – evidence doesnt matter as in the Dabengwa and Lookout Masuku issue; where it doesnt suit you, as in Chamisa election petition issue you insist on evidence and only that evidence that suits your evil agendas. Those people who voted for Gukurahundi ZANU PF in Matebeleland are land settlers from Mashonaland, settled in Matebeleland by your Gukurahundi ZANU PF party government in the last 38 years. People from Mashonaland have been flocking to Matebeleland for that reason, hence the changing voting patterns over the years. Go to Mguza; go to Esigodini and Matebeleland South you will find resettled Shona speaking people there in numbers. Its the Grand Plan in action – you can google it, if you dont know about it!

          2. The late Joshua Nkomo once he signed the #December 22, unity accord, and the issue of #Dissidents#Gukurahundi subsquently died a natural death.

            Therefore, it follows that the commander of the dissidents had issued a command declaring the ceasefire and the dissidents respectfully obliged.

            It was as clear as a sunny day that dissidents were an organised outfit.

            1. @ivhukuvanh I am talking about concrete hard evidence as you are demanding of Chamisa’s court petition – not speculation based on your own personal interpretation of Joshua Nkomo’ statements. Courts released Dabengwa and Masuku because they dont decide such issues on speculations like you are doing. If speculations are enough evidence for you in the dissidents case; why is the evidence in Chamisa’s case not enough, yet it is even far more stronger than your dissidents speculations? Silly stupid double standards. No wonder they call you people EDiots!!

  3. Mpofu,we are not naive to accept your incompetency.You are trying to save your career which was soiled by the bungling of the election petion you thought would propell you in the legal fraternity excited by the international media attention.Sober up and mop up your mess quitely.

    Zimbabweans are now busy with their normal chores doing as the world.Dont be abused by such media obsessed with perpetual instigation of chaos.

  4. I am not a judge, but I do know that an affidavit statement is primary evidence.
    Why did the so called Chief Justice not take the affidavit of those who were allegedly raped and sodomised because they refused to sign new doctored V11 forms. Just investigate from some agents who will tell you they were made to sign new V11 forms and surrendered the duplicate ones.
    The authors of Election Theft know in their hearts that they stole the peoples vote.
    One day some one is going to make lots of money by writing a book on Election Theft.

  5. Please let’s all agree, there was not enough evidence to have a rerun or make Chamisa President. Let’s say what we all saw in court it was e.g. a murder case and the proscuter had brought what Mpofu did.Do we honestly thin someone would have gone to prison.Come on Zimbabwe its time to move away from the election and rebuild the country we all claim to love.

  6. You say the court demanded MORE evidence haa, even the evidence you had was in the first place was pathetic and unbelievable and was quashed. We all know about the v11 of which you did not submit because you discovered that they were tallying with other’s, that the number that you obtained. You are hiding behind a finger. You are devasted because the unimaginable seemed real when it appeared you and your boss were to land the presidency and mesmerised by such a possibility. We are sick and tired of your antics and foolish prouncements. It’s really nuaseating.

  7. Gonzo.Even those who were raped were they going to prove that the rapist was a Zanu pf member and had raped in the name of Zanu and match their DNA.Remember August 1 according to what we saw they were already angry claiming stolen votes. Why did Chamisa not start preparing for a challenge ,opening of boxes first

  8. the voters roll for instance was released after the nomination court which is a serious violation of the electoral law.
    affidavits are primary evidence.
    if the court insists on evidence why did they not compel ZEC to allow the applicant to have access to they server?

  9. MR Mpofu please go and play with your kids. We are not kids, so please do not lie to us. So all this time you have been trying to cook up an explanation. It will not work. Please answer this simple question. Why did you file your application at 4pm on the last day? As much as it was legal to file your papers at 4pm, it was unwise. Your client knew that he was going to challenge the election outcome long before the election was held. I am saying so becoz he declared himself winner before the election was held. He and his stupid lawyer Sibanda declared that no outcome other than a win would be acceptable. When you go into the forest in summer on a cloudy day its only the wise who carry raincoats. But when you see the clouds in the sky and convince yourself that its not gonna rain don’t blame the weather when it does in fact rain and you get thoroughly drenched. Less than 10 hours after polls closed, your client, Mr Chamisa, told the world that he had all the V11s from over 10,000 polling stations which showed that he had won resoundingly!!! This was way before the official results had been announced. So was it just a matter of comparing your figures against what ZEC announced and immediately noting the differences and head straight to court to seek a recount soon after the results were announced. But you waited until 4pm on the last day.

    What is it going to take to make you and your client admit that you are both to blame for this debacle. By continuing to climb this tree don’t you see that you are further exposing your privates. In this interview, you have clearly exposed your client. Mr Chamisa was a legislator when the constitution which gave birth to both the Electoral Court and Concourt and all the entailed legal procedures was drafted. Why did he not voice this garbage that you are spewing now?

    Why did you also not follow the so-called impossible procedures so that the Concourt could burn itself. This was an opportunity to test the system, but you chose not to follow the laid down procedure. Your rantings here are needless. Nonsense. Stupid. The horse has already bolted. Need I remind you that sooner or latter you will be standing in front of these same judges that you are castigating representing other clients. Unless you have found another profession. Please, for God’s sake, do not spoil your otherwise illustrious career for the sake of your misguided client. We all saw what happened in that court so please do not lie. Why did you not raise these issues in that court? I can tell you now that your case was based on lies. Outright lies. Please just swallow your pride and move on.

    Are you also telling us that the MDC constitution that your client trashed on his way to MDC leadership is also full of impossibilities? Are you also saying that even the multiple representation of your client’s party in some constituencies was also due to the electoral law flaws. As the learned Judge told you in the court, CHARITY BEGINS AT HOME MR MPOFU.

    Please advise your client to take a nap and blowover and come back to the office after a month and start over. However, given the looming legal expenses woes, the man has no such time. Dai ari mumwe ngaaende kuna mdara ED akumbire ruregerero. I know ED is a reasonable man who may help him out. But then this is proud Chamisa

  10. Mpofu get a life why did you not petition the courts to open a sample of the ballots from those constituency you felt strongly that electoral fraud had occurred e.g according to your contention Mash Central. You are a practitioner of the law and above all officer of the court obliged to maintain and respect dignity of courts.

  11. kid marongorongo

    we are tired of the past we want to work for our lives. i think its best for mpofu to give this to his students as a case study not for Zimbabwe to turn their attention to the past. you lost the case and we cant do you anything we just read and leave it. i don’t see any need to explain all this to us go to whatever court that you feel it can judge in your favor then.

  12. You are now groping in the dark. Makakonewa kuburitsa evidence as required by the law and courts. All along u were boasting about overwhelming evidence which You knew very well u didn’t have and still you want us to believe your lies. The reason why the Con- court proceedings were publicized live on ZTV was to show Justice and transparency of which thats what the whole world witnessed. Hapana rigging yakaitwa apa. Even isu tisina kuita law takazviona kuti Mpofu was basing his arguments on hearsay nothing tangible. Just give us a break !!

  13. Mpofu you are a lunatic like your schoolboy client. We are not kids or fools to be led to. Please give us a break! We want to move on. Zimbabwe is bigger and greater than you lunatics. SHAME ON YOU AND YOUR LIES!!!!!!!

  14. Comment…Mpofu you were a very respectable legal practitioner now you have soiled yourself with lies. A good lawyer does not go on the net. his works do the talking. if it your desperation for money and have allowed your self to join the bandwagon of liers, then you are digging a very deep grave, open grave where you are burrying yourself. Do not blame anyone. The fulcrum of any case is absolute evidence of a primary nature. That you know. You accusations were of a criminal nature as such you can not adduce evidence from the accused to incriminate themselves. The law does not allow that. You have to prove you case beyong any reasonable doubt. But for such a highly priced legal practitioner to go before ConCon with that kind of rubbish, you lacked due diligence my brother. You have destroyed your good reputation. Uchifurirwa naChamisa asina hunhu. Kuchekeresa vanhu Nekuda kutonga.Iye asina ku hwinha. Tinokunzwirai Tsitsi. Push minimum age to 55, period.

  15. Your Name (required):Special Black

    My friend your lawyer took rubbish into the court of law. He was supposed to produce CR Nos to show that the sodomy and rape cases are with the criminal court. This rape and sodomy thing was aimed at tarnishing the image of this country. Please be truthful as a political party looking forward to leading Zimbabweans one day. We are not blind MDCA we know where your roots are and what you want us to be, gaysm has no place here. Our customs and values can’t be eroded by your way of doing politics in Zimbabwe.

  16. I’m still trying to understand the Zim ConCourt processes but am bewildered by the facts coming out of them being an obstacle not enabler of justice. Whatever the outcome, this will never work in favour of ZEC, the Judiciary or even ED, ED pfee crew or Zanu PF nor Zimbabwe. We have a questionable justice system, a questionable incumbent president and a country stuck in poverty and stasis. Could’t all this have been avoided by ensuring that all electoral laws are aligned to the latest constitution and then followed to the letter? Why was this not done? Why does ZEC and the Justice system seem to take pride in executing cherry-picked & flawed systems and processes, who is benefiting from these low standards?

  17. Mpofu is high time you should stop talking about the court issues because you have lost the cost full stop otherwise you are now exposing your weakness just like Chamisa is doing.

  18. Your Name (required):Special Black

    The rape and sodomy case should have ZRP CR Nos, which Mr Mpofu should have produced with accused persons positively identified to be ZANU PF members. This false reports are aimed at tarnishing the image of the country. Gentlemen be truthful in whatever you do. No wonder why people are now dumping you. Where did this crop of liars come from? This started in 1999 and now unongonzwa kwai, kwai. To Mr Mpofu,you are a well educated youngman, I heard you, but carelessness is now eating your career.

  19. This lawyer is just covering up his incompetence and that of all MDC leaders who are also ALL lawyers! They did not put up their case well!!!

  20. Then l guess the sharia law would work. Get matchets etc and kill every suspect. Thats unquestionable justice Sharia. We all saw even mai vangu vasingazivi zve law izvi vakandiudza kuti mwanangu Mpofu atinyadzisa. They cry for poverty so that we think using our stomachs Bull Shit!

  21. Zimbabwe it’s time to move on mend broken bridges nyika ndeyedu hapana achaivaka kunze kwedu zvekuramba tichataura mav11 hazvishandi verdict haichachinji lets focus on how we can use our resources for a better future in medicine in technology etc

  22. Comment…uuu asi judiciary yedu is not indipendent.zec is the worst ever,coz hapana chaikakwanisa kuita pane ose maqueries yeopposition.kana maballot boxes acho yaisabvuma kuopener.kuenda mberi toenda hedu asi huori uhu hautibatsire.rigging yakaitwa hayo,mafigures were not balancing.kusataura chokwadi chete mazimba kwaita kuti tirambe tiri pa1 spot.

  23. But the whole saga appears to have largely over-stayed on trivialities, erroneously perceived necessary proof. Conway Tutani in his HOUSE OF LORDS , GROBBELAAR DECISION; Conway’s article of 31.8.2018, actually delivered killer punch to the gross aberration that bedevilled our recent Concourt accepted, elections dispute circus performances before highest court on the land. Zec was before highest court challenging applicant to proved congrete proof of its serious allegations of Zec’s election fixing. In Conway’s said article Grobbellar also approached highest court demanding opponent’s congrete proof of Grobbelaars alleged match-fixing. In the Grobbelaar case the highest case reduced applicant’s(plaintiff’s)burden of proof to only satisfactory proof of respondent(defendant)dishonesty. Which similar proof appears in superfluous over-abundancy in Chamisa’s papers presented to court. Not to mention the patently greater imperative for no greater burden of proof in the essential protection of the peoples’ vote. Grobbelaar did not succeed, courtesy of noted dishonesty of his version. Which evidence is fortunately not scant in Zec’s own papers. Our local court could have thus more properly be inspired by the famous Grobbelaar decision, with justifiable GREATER demand for Zec’s honesty.

  24. Vamwe venyu pano apa hapana zvoziikanwa as if munoziva mafambire anoita nyaya kumatare, kunyarara kurinani, hezvoka vamwe vakuzviti vakahwina Tongai tione, Mpofu did his best under a very difficult situation. ndiani asingazive kuti maJudge akapiwa minda nemota zvamoda kuona kunge Mpofu akapusa? nxaaaa nyaraiwo mapenzi evanhu. Moving forward kupi nembavha idzi dzinoba masikati machena, endaika mberi tione. siyanai naChamisa tongai moga tione. Marabish evanhu.

  25. Mpofu, dont worry about all the comments made here. Thats CIO moping up any damaging evidence. They read every article on line and are paid to counter it. Its not even surprising that all the comments were made by one agent using severall pseudonyms, so dont even lose sleep over it. Well done young man. Wakafumura muroyi

  26. Chinhu Chedu 1980

    English law is not Roman Dutch Law bambo. This was to do with an election and not civil suits against individuals. The strictness of law application varies with gravity of the matter in english law l guess. Here was an open mouthed opposition claiming to have gathered overwhelming evidence. Advertised world over only to be found banking on Raila Odingas half backed statistician, opposition ally Van Damme’s report and other paid witnesses. And thats what they called evidence???? What a yawn!

  27. But the whole saga appears to have largely over-stayed on trivialities, erroneously perceived necessary proof. Conway Tutani in his HOUSE OF LORDS , GROBBELAAR DECISION; Conway’s article of 31.8.2018, actually delivered killer punch to the gross aberration that bedevilled our recent Concourt accepted, elections dispute circus performances before highest court on the land. Zec was before highest court challenging applicant to provide congrete proof of its serious allegations of Zec’s election fixing. In Conway’s said article Grobbellar also approached highest court demanding opponent’s congrete proof of Grobbelaars alleged match-fixing. In the Grobbelaar case the highest court reduced applicant’s(plaintiff’s)burden of proof to only satisfactory proof of respondent(defendant)dishonesty. Which similar proof appears in superfluous over-abundancy in Chamisa’s papers presented to court. Not to mention the patently greater imperative for Chamisa’s no greater burden of proof in the essential protection of the peoples’ vote. Grobbelaar did not succeed, courtesy of noted evidence of dishonesty of his version. Which similar evidence of Zec’s dishonesty is fortunately not scant in Zec’s own papers. Our local court could have in the circumstance, thus more properly be inspired by the famous Grobbelaar decision, with justifiable GREATER demand for Zec’s honesty.

  28. VaMpofu, sometimes the simplest thing is to admit if you want to talk rather try to defend something that was shown live for all to see. We all know what happened on that day, you had raised our expectation that you had all the evidence which you were simply going to present but only to disappoint us with what you presented. We have all learnt lessons, lets move on. Zimbabwe is bigger than all of us.

  29. shame manhingi, nyika yedu inoda nyasha chokwadi. vazhinji tinonyepera kuona asi hationi zvedu. Mpofu is opening up to you guys and you are busy singing your pferorist songs.

  30. Mpofu’s utterances are of the proverbial ‘ A POOR Carpenter blaming THEIR tools’

  31. Chinhu Chedu hausi kufundaba. Hausi kusvika kwatsambe for sure. Our common law English law borrowings. Grobbelaar’s much publicised match fixing scandal was issue of GLOBAL NOT PRIVATE INTEREST. Our necessary HONEST rerun of our national elections would not unfairly prejudice any party, not mention the emense benefit to our children when nation is seen placing high social value on HONESTY.

  32. The truth is there is no independence in our judicial system. the executive seem to have power on the Zimbabwe Judicial system. Even an unlearned person can agree with me. In that i strongly believe that EDiot has a had in making Mr Nelson’s petition not a success. one day the ghost of their corrupt evils will haunt them. Its just a matter of time. Many of you have been criticizing Mr Mpofu because you are studying the world through a key hole of which i urge you to open the door and explore the world. EDiot has shown to many who are willing to see that he is a worst dictator ever of Africa who pretends to be a good Samaritan.
    @ David…………………….thank God who have made you see how bad and evil EDiot and his so called Con Court judges are.

  33. Chinhu Chedu hausi kufundaba. Hausi kusvika kwatsambe for sure. Our common law includes English law borrowings. Grobbelaar’s much publicised match fixing scandal was issue of GLOBAL NOT PRIVATE INTEREST only. Our necessary HONEST rerun of our national elections would not have unfairly prejudiced any party, not mention the emense benefit to our children when nation is seen placing high social value on HONESTY.

  34. Whats the use of presenting your case on suspicion and belief without evidence. Courts are not play ground to entertain one’s fantasies

  35. Chinhu Chedu 1980

    Huvhinyi and others calling others names. For sure you have sunk into Alliances gospel of always attacking without facts. Its not about getting things your way but its about proving that your way is best then we follow you. In this case Mpofu failed dismally and he still wants us to say his way is best. As for Nero uuuu he needs to change his ways otherwise he will go down with our best minds like Mpofu. I urge Mpofu to keep his distance from this Nero boy until he grows into a man.

  36. Mpofu delivered sufficient evidence of Zec election manipulation, lack of transparency, blatant unfair bias. What more necessary proof of Zec dishonesty, the very reverse of what the nation demanded or merited in background of Zec unpleasant similar painful past performance. Nothing short of Zec’s UNEQUIVOCAL departure from tradition was IMPERATIVE. The above cited English Law epic ruling on matter of global interest in the soccer fraternity, the much publicised Grobbelaar match-fixing, highest court decision, was perfectly fitting in our elections matter of national interest, and in our common law that has English Law borrowings. Hence the unexpected diminished demand for Zec HONESTY, especially in necessary explanations of its admitted suspicious errors.

  37. Mpofu I’m ashamed of the fact yokuti I go to the same church as you. Wadii wabuda wafoma yako naChamisa naBiti mugoitumidza kuti Ananias Club. Muri vana vaSatani (baba venhema ) muri vatatu. Hazvichabatsira. Hamutongi!

  38. You are blaming Thabani because he is Ndebele. the fact will remain unchanged. God knows what really transpired

  39. You are blaming Thabani because he is Ndebele. the fact will remain unchanged. God knows what really transpired

  40. Comment…go home and sleep mr mpofu

  41. I find it quite amusing that ZANU PF apologists keep on advising the rest of society “to move on”. They are desperate for people to move on? Why?

  42. The elections have come and gone and maybe Chamisa did win and was cheated out of his victory or maybe Mnangagwa actually won and is in his right place.The question really is no longer on who or why , the question is on how and what.How is this country going to move forward and what are you and i going to do to get it to move in the positive direction that it needs to move. Mpofu , Chamisa , Mnangagwa and the rest have really done what they do as Lawyers and Politicians but it all really just leaves us at the same spot , still with nothing and shallow prospects in the horizone. What has really killed this country is an unenviable lack of love for each other as Zimbabweans , a lack of love for Zimbabwe itself to prosper if not for us here present but for the future generations to come.At this moment in time we can not afford hate speech whether you belong to this or to that party because without love for each other we run the real risk of being nowhere and going nowhere for a very long time and nowhere im sure we all agree is not a good place to stay.The country is bleeding and without each other this country will die.Lets not look at foreign people to get us out of this rut because even they can not do so if we ourselves do not wish to and do not make efforts to do so.My appeal is for Chamisa to start the “how” of it and as im sure he has already done ,sacrifice self and lead by example and embrace love ,a love to lead the almost half of Zim who voted for him and his ideas and to lead the other half anyway because he loves and wants better for them too.My appeal also goes to Mnangagwa to embrace love, “how”?, by looking inwards and becoming a father to not only those who voted for him but for everyone because that is what he has now become.A father needs to make decisions some tough and hard decisions just like all fathers need to make.For these are decisions for Zimbabwe`s future and Zimbabwe comes before any one individual .For you and I its “what” we need to do.We need to give hope a chance.We need to give our leaders encouragement to work together.We ourselves need to push as hard as we can for peace and nation building the alternative i dare say is an endless vicious cycle of hate ,hunger and all sorts of suffering as witnessed in the couple decades past .We need to love each other and stop hate in all its forms because without each other we remain here ….nowhere.We deserve better for ourselves Zimbabwe.We can do this TOGETHER.

  43. All these guys had to do is compare their V11s signed by all parties concerned and compare them with V11s from the ballot boxes. Where there was a difference then you can raise issues of rigging and then count the ballots. It didn’t necessarily mean count all the ballot papers only where there were disputes and then Mpofu’s case would have had evidence it needed, even without counting all the ballot papers. He should be man enough that he messed up this case. He should learn to divorce his emotions from a case.

  44. Its very obvious that they’ve got something to hide ,if they truly won then they shouldn’t be afraid giving access to the mighty opposition party any election document’s.

  45. Why did ZEC, Zanu and the captured ConCourt and its ConMen/Women insist on the primary evidence charade of opening the election residue? Does anyone seriously think they would be stupid enough to do so if they didn`t know what might be found in there? Of course they had covered their tracks!
    The ZEC/ Zanu shenanigans throughout the sham election and court case are akin to a dull student conniving with his corrupt teacher to cheat in an exam and the teacher leaks the exam paper to the dull student before the exam, even giving him the answers beforehand but come exam time the dull student still fails dismally then the two connive to surreptitiously pull out the dull student`s original script from the official records replacing it with a doctored one bearing corrected answers and the attendant highest mark of the exam. If those two were brought before a disciplinary committee or school exam board what do you think might be their line of defence?….Yes you got it! “Go to the exam residue and see who has got the most correct answers and the highest mark”.

    Remember appellant`s main claim was that ZEC and Zanu had cooked up the real election results to steal the election for Zanu. The correct primary evidence for such a case was therefore such as would prove ZEC`s impropriety which is what Thabani Mpofu presented (3 different results officially announced by ZEC, discrepancy in total voter tallies for presidential and parliamentary votes in a harmonised election, vote mirroring, signed unpopulated V11`s etc) and the captured bench did not bother to pursue that line of questioning. This evidence was not based on hearsay but ZEC`s own information. What is more primary than that?

    We come to the nonsense of 300 000 odd people voting in one constituency in 1.5 hours. Well in Law there`s a maxim called Res Ipsa Locqitur which means `the thing speaks for itself and in layman parlance one would say `you don`t need a genius to tell you it`s absolute bull crap!` It does not matter how long it has taken the 105 000 to vote, if it is OFFICIALLY ANNOUNCED at 5:30pm that `105 000 people have voted so far` but the final result says over 400 000 people voted in that constituency, it means we are being asked to believe that over 300 000 people voted between 5:30pm and close of voting at 7pm in a single constituency. Well such nonsense can`t be beyond people capable of believing that diesel could come out of a rock but to the more discerning like us that`s absolute balderdash! If a man came to you and insisted that you believe he saw water going up a wall coming out of a pipe standing in a puddle at the bottom of the wall and there was no pump you would probably ask them to visit a psychiatrist.
    Another ZEC impropriety revealed was vote mirroring. Mpofu highlighted JUST 16, yes SIXTEEN, 10 + 6, 16 polling stations (there were obviously more) where exactly the same number of people voted in exactly the same fashion, with EXACTLY THE SAME EVERYTHING including spoilt votes and all. Really? What did the ZEC lawyer do? He waffled some rubbish purportedly justifying that such nonsense was indeed possible. But what was striking? He did that using an example of 2 constituencies! What about the other 14? And what did the ConMen/Women ask him? Nothing. Absolutely NOTHING!!
    And the subpoena to do with the ZEC server bearing the REAL PRIMARY EVIDENCE of the actual real time election results?
    If anyone was still harbouring any doubts about Zanu capture of ALL state institutions and apparatus it`s now food for thought.
    The biggest cancer in Zimbabwe is Zanu Pf`s culture of entitlement and lack of probity in all spheres of life.
    Cry my beloved Zimbabwe!

  46. I think the Concourt was comprised and we were naive to think that the architects of a coup would organize a free and fair election that have them voted out of power.
    Thank you, Mpofu for showing us that our judicial system is very comprised and yet one of the biggest beneficiaries of the country taxes, maybe, after all, it is not their fault but the forces behind them. The worrisome thing for citizens and even investors is how will justice be served in the future if we take the government to court. Food for thought.

  47. Its very amazing how people still refer to ‘courts’ in Zimbabwe as courts. The whole judicial system is captured. What do you expect when the highest court in the land disregards, the overwhelming evidence insisting on thing that are impossible to obtain within the prescribed time. This is disheartening mhani!!

  48. Chinondinetsa vanhu vanoisa macomments why muchitukana pachenyu

Leave a Reply

Your email address will not be published.