Biti demands Zec server

MDC vice-chairperson Tendai Biti, who is being charged for announcing false presidential election results, has demanded that the Zimbabwe Electoral Commission (Zec) produce a server in court to prove that utterances were wrong.

BY DESMOND CHINGARANDE

The Harare East MP has pleaded not guilty to the charge, and also successfully argued that his trial be broadcast live.

The State alleges that Biti’s statement that ”we have now received from our agents across the country results of the 2018 elections, results show beyond reasonable doubt that we have won this election and that the next President of Zimbabwe is Advocate Nelson Chamisa” was in violation of the law.

But through his lawyer, Beatrice Mtetwa, Biti demanded that the Zec server be produced in court to prove that his announcement was wrong.

Mtetwa said Biti only exercised his right as he was confined within the statutes of section 66 sub-sections 3(a) of the Electoral Act, which allows the political party members to announce tallied results from polling stations and constituencies.

She said Biti’s statement must not be criminalised and said the trial can only continue after the High Court give a ruling on the matter in which he was challenging a Harare magistrate’s jurisdiction to hear the matter.

Biti says he could only be tried in Zambia, whose High Court ruled against his deportation when he fled into the neighbouring country seeking asylum.

Mtetwa said the State had confirmed that Zec destroyed evidence despite knowledge of the trial.

“It would be a gross violation of the accused’s right to a fair hearing to deny him access to a server held by Zec for and on behalf of the electorate. The server will speak to what information was posted at each polling station and each constituency with regards to presidential elections,” Mtetwa said.

Prosecutor Tafadzwa Mpariwa asked for the postponement of the matter to allow him to go through the 56-page (application for exception).

The court postponed the matter to today for the State’s response on the application for exception.

Biti’s trial would be broadcast live after the court ruled in favour of the request by Mtetwa to have a live streaming of criminal proceedings.

Mtetwa told magistrate Gloria Takundwa that the trial can be live-streamed without disturbing any ground rules of the court.

27 Comments

  1. Biti ngaaende ku jeri for being the author of the illegal ZIDERA.

    1. Haisi iyo nyaya iri kutongwa pari zvino. Nyaya iri apandeyokuti ZEC server ngaribude nokuti it is the only irrefutable evidence that Biti was announcing the truth or not. Because charge sheet rinoti “announcing fault results” is part of the crime. Therefore, proving that what Biti said was false is part of the objective.
      Zanu zvaichazvisikira moto muziso nemhaka ye vindictiveness. Vanga vangobira maelection zvakanaka through Malaba refusing the seever, now delicate nyaya ye server yobatwababatwa zve

  2. saka ane power kana achikwanisa kutaurira america zvekuita. ngatimupeyi huPresident.

  3. The beautiful ones are not yet born

    This is just a stupid argument. Was he announcing results from the ZEC Server when he spoke? This is part of the reason why people demonstrated on August 1 because they were led to believe that Chamisa had won. Biti must release the evidence he had at the time he made the announcement, because clearly he made the announcement without any server from ZEC. Waitaura wazviwana kupi?

    1. he used results collected from polling agents. if they have nothing to hide they should release it.

  4. Availing the servers in the court can give the electoral dispute another twist by providing variations between what was finally announced and the exact undoctored figures in the servers.
    Biti should persist further to expose the dirty tricks concealed by our biased our biased electoral commissions.

  5. Comment…Biti was right when he sought permission to travel outside the country to seek help on his mental health because it seems he has gone bogas. His utterances show he is now mad and a stay in the Annexe may do him good. Icho

  6. Kutsvaga uta mugate.

  7. Lancelot Gede with cell no. 0772 281 172 une company inonzi Decor Link Kitchen stop whatever fraud yaurikuita kune vanhu vanenge vabhadhara orega kuita mafittings emukitchen an bedrooms. Am warning you. Your company resides at 91A Msasa road.

  8. LANCELOT GEDE with Cell number 0772 281 172 please stop frauding people with your comopany Decor Link Kitchens situated at no. 91 A Msasa road in Msasa.

  9. Maphozho Saruchera

    This American informer is worsting our Government’s time, we have vision 2030 to achieve and as for him he can move to US and leave us be.

    1. what vision 2030 do you know, what happen to vision 2020 you promised us years back

  10. Biti is being charged with announcing results which is ZEC’s duty . It does not matter whether what he announced was the correct or wrong results . Very simple . The law was put in place because a lot of people will be having the results but are not allowed to announce through what ever form of media . Biti and his lawyer Mtetwa are just dull .

    1. But the issue about whether or not what he announced was false is part of the charge sheet. Saka ngazvioongorerwewo zvakare. ZEC sever rinodiwa

  11. Without the need to look into the server, mechanisms to veryfy the election results and guard against any fraud were in place but the opposition never made use of them even though prior to the polls, they had always suspected of plans to rig the elections. They claim to have employed alert polling agents all over the country but they never aproached the electoral court for recount or open the ballot boxes to compare the contents with what was on the v11 forms. The polling agents were all guarding the sealed bullot boxes to ensure no tampering by any party. So where are the rigging allegations comming from? Why did they not resort to the electoral court for another verification process when the votting material was still intact, guarded by everyone including polling agents of the Mdca instead of sending their supporters to commit acts of vandalism? This is all what Chief Justice Luke Malaba meant by primary evidence. Talking of being given a server is a very big joke and a very silly delaying tactic.

  12. Hey, hey. the issue is on just pronouncing the results, whether correct or wrong its illegal.

  13. Tawanda Mambwere

    people are just ignorant but rush to make long comments. why not use all that energy to learn the processes and procedures required to appeal using V11 versus the time u are given vs the time it takes the system to notify all constituent councilors, MP for all constituencies and 22 presidential candidates. If they failed to serve notice to all 22 presidential candidates in 14 days what more all the Councillors plus all the MPs countrywide?

  14. The opposition should fight to amend the constitution to give the Concourt enough time in future to verify all valid documents used during an election. As we speak, the court can hardly overrule the Concourt’s ruling even if it finds faults in the last election.
    If only the servers were opened, constituency by constituency, all discrepancies would have been sorted. If the results do not tally even in at least 10% of the polling stations,then the whole exercise should be declared invalid.
    Servers are the most guarded weapons in an electronic election because they settle all disputes unless they are tampered with beforehand to achieve the desired results.
    They invalidated our Kenyan election at the stroke of a pen last year.

  15. shaolin kung fu master

    siyanai nachibadura

  16. I still maintain that Tendai Biti needs some serious help. Does he even know what a server is?

    So ZEC should dismantle its computer systems to carry them to court?

  17. KANA musinga zive law pliz shut up kutaura kwamusina kuswera

  18. Tawanda Mumbwere is very wrong. The point is very simple and straighfoward. Chamisa is disputing presidential election results and he had enough time to resort to lawfull redress of those complains within 48 hours when all election material was still intact, with polling agents of all political parties guarding the sealed ballot boxes but he never bothered because he new no rigging had hapened. An electoral court of 70 judges had been sworn in specificaly for that purpose. It would take a judge of the court a mater of seconds to get in touch with zec to stop annoncing the results and go for a recount or another round of verification or both but why opting for something as unlawful as the behaviour of Biti and Komichi and violence in the streets? Why resorting to speculation and outright lies when their was room for primary and unrefutable facts?

  19. For correction, the then acting chief justice Elizabeth Gwaunza sworn in 35 high court judges not 70, to take care of all electoral disputes for six months from the 15 of June 2018 when the notice of the setting up of the electoral court was published in the government gazzette. Mdc Alliance should have resorted to this provision and the question is why did they choose to commit offences instead? Rigging was acualy 100% impossible under those circumstances and all educated opposition figures no that very well but they just want to behave like baffoons.

  20. Zimbabweans worst time arguing about erection results of a stolen erection when there are real issues to solve The Current ZANU Pfee Government has failed period Come January 2019 EVERYTHING will shurt down Makambowonepi Nyika inoDhura mvura kudarika petrol. This time even vana vepreSchool will not go to School Zvichawoma

  21. Let us first understand what Biti is demanding and learn to criticize factually.
    Unless tampered with, information concerning every cast vote in the last election and for who it was cast is 100% safe and intact in the servers.
    Additionally all spoilt votes are equally well documented.
    The only setback is that there is no willpower to face facts to the letter.
    Biti’s argument can unearth monumentous revelations that majority of the voters never thought of.
    Unfortunately this is craftly safeguarded constitutionally by the limited timeframe offered the Concourt to verify.
    The constitution is the elephant in the room as we speak.

  22. In all progressive nations we hear that so and so is leading and is the next president whilst results are still being counted. How do you suppose they got the results? They use those from polling agents just like the Alliance did. You are also not telling us on why ZEC changed the way results were supposed to be announced. It simply shows its you who need some education.

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