OVERVIEW: ConCourt declares Mnangagwa as duly elected president of Zimbabwe

2018-08-24 14:20

Zimbabwe's top court has dismissed an opposition bid to have presidential election results annulled over alleged rigging in favour of Robert Mugabe's successor, Emmerson Mnangagwa. Get the live updates here

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Last Updated at 04:28
24 Aug 17:08

24 Aug 17:08

24 Aug 17:08

24 Aug 17:06

President Emmerson Mnangagwa has just tweeted:



24 Aug 16:29

WRAP:

Zimbabwe's top court on Friday dismissed an opposition bid to have presidential election results annulled over alleged rigging in favour of Robert Mugabe's successor, Emmerson Mnangagwa.

"In the final analysis, the court finds the applicant has failed to place before it clear, direct, sufficient and credible evidence" of irregularities, said Chief Justice Luke Malaba in his ruling at the Constitutional Court in Harare.

"Emmerson Dambudzo Mnangagwa is duly declared winner of presidential elections held on the 30th of July 2018.

"Analysts had widely predicted the court would rule against the opposition MDC party's case.

Malaba dismissed the application with costs after strongly criticising the legal challenge.


24 Aug 16:21

A Zimbabwe Electoral Commission officials Utoile Silaigwana says the electoral body has been vindicated.

"ZEC has conducted this election in a professional manner, in a transparent manner," he says.


24 Aug 16:14
The Movement for Democratic Change's Komichi tells News24 that the leadership of the party will meet to decide the way forward

24 Aug 16:08
Full reasons will be given in a full judgement to be released in due course, says Malaba

24 Aug 16:05
Court declares Mnangagwa as the duly elected president of Zimbabwe

24 Aug 16:04
Chief Justice Malaba: The application is dismissed with costs

24 Aug 16:03
Chief Justice Malaba: There is a presumption of validity of the election

24 Aug 16:03
Chief Justice Malaba: In the final analysis the applicant failed to convince this court to set aside the results of the election

24 Aug 16:02
Chief Justice Malaba: There was also no tangible evidence of ghost voters

24 Aug 16:01
Chief Justice Malaba: There was no evidence some teachers were disenfranchised of their right to vote as no affidavit from any of the teachers. Even if the evidence was availed, it would not have affected the result

24 Aug 16:00

Chief Justice Malaba: The applicant made several startling allegations without referring to source evidence.

ZEC proved through the V11 forms that some forms were signed and populated as opposed to what the applicant said.


24 Aug 15:56

Chief Justice Malaba: The amendment of results by ZEC has no bearing on the results of the election.

This is simply because the applicant needed more evidence in the inaccuracy of the figures


24 Aug 15:55
Chief Justice Malaba: The declaration of results made a critical admission that the results were changed

24 Aug 15:50
Chief Justice Malaba: All the allegations against the electoral commission were debunked by the commission’s attorney

24 Aug 15:49
Chief Justice Malaba: Malaba says even if the applicant did not have agents at all polling stations he should have collected samples and it would have shown the electoral commission's malpractices

24 Aug 15:47
Chief Justice Malaba: The applicant’s attorney made bald and unsubstantiated allegations

24 Aug 15:47

Chief Justice Malaba: If the applicant had placed before the court the V11 forms it would have disposed of any questions of vote rigging, it would have addressed issues of similar results at some polling stations.

That evidence was not adduced


24 Aug 15:44
Chief Justice Malaba: The applicant was at large to send his election agents countrywide but did not do so, election observers were there

24 Aug 15:41
He had remedies available to him and he did not utilize them, says the Chief Justice

24 Aug 15:41
Chief Justice Malaba: The applicant would have sought a recount and would have approached the electoral court to apply for an order to open the ballot boxes

24 Aug 15:40
Chief Justice Malaba: Time was on the applicant’s side to obtain the evidence from the election residue

24 Aug 15:39
Chief Justice Malaba: When the results were declared the applicant knew that he was aggrieved

24 Aug 15:38
Chief Justice Malaba: Primary evidence was supposed to be derived from the opening of ballot boxes

24 Aug 15:37
Chief Justice Malaba: No proof was adduced by the applicant

24 Aug 15:36
Chief Justice Malaba: The applicant made general allegations and no direct allegations of complicity were made against Emmerson Mnangagwa

24 Aug 15:34
Chief Justice Malaba: The court will only invalidate the results of the presidential election if the court is satisfied that the results were materially affected or were a result of a fraud

24 Aug 15:32
Chief Justice Malaba: The court will declare the election void if there was a breach of the electoral law

24 Aug 15:31
Chief Justice says the burden of proof rests with the applicant to warrant the granting of the relief sought

24 Aug 15:28

The Chief Justice us now reading the complaints raised by the applicant on the conduct of the elections.

These include bribery by the incumbent, undue influence, rogue military personnel, the failure display V11 forms, and so on


24 Aug 15:27
Chief Justice Malaba: The application for conformation was filed by the applicant and the court hereby grants the application

24 Aug 15:26
Chief Justice Malaba: The application clearly breached the rules of the court and filed a defective application

24 Aug 15:24

Chief Justice Malaba says the applicant would only serve the application to the respondents through the sheriff.

The application was eventually served out of time, he says


24 Aug 15:23
The Chief Justice says the application was served on the respondents on the 8th day

24 Aug 15:18
The Chief Justice says the applicant seeks to set aside the result of the election and be declared the winner or alternatively an order compelling a the state to conduct a rerun

24 Aug 15:16
Chief Justice Malaba is now reading what the law says for one to challenge the results of an election

24 Aug 15:16
Chief Justice Malaba is now reading the judgement starting with what everyone already knows that the July 30 was challenged by MDC Alliance leader Nelson Chamisa

24 Aug 15:15
Chief Justice Malaba says it is a unanimous decision and reasons will be issued in due course

24 Aug 15:14
The Constitutional Court ruling on the Zimbabwe election challenge has just started 

24 Aug 15:09

24 Aug 14:25
Lawyers of MDC leader Nelson Chamisa in discussion at the Constitutional Court. (Picture: Frank Chikowore, News24) 

24 Aug 14:17
Journalists at the court (Picture: Frank Chikowore, News24)

24 Aug 14:15
MDC leader Chamisa's lawyer, Thabani Mpofu has just arrived at the Constitutional Court in Harare. (Picture: Frank Chikowore, News24)

24 Aug 14:11

A renowned Zimbabwean journalist is tweeting that the Constitutional Court judgment initially scheduled for 14:00 will now be handed down at 15:00.

See tweet below


24 Aug 13:49
One of Mnangagwa's lawyers Paul Mangwana has also arrived

24 Aug 13:48
The Zimbabwe Electoral Commission head Priscillah Chigumba has just arrived

24 Aug 13:44

Zimbabwe's main opposition is expressing concern over reports that preparations have begun for the inauguration of President Emmerson Mnangagwa even before the constitutional court has ruled on its challenge to the election results.

A spokesperson has spoken to reporters an hour before the court is set to announce its ruling. The spokesperson says inauguration preparations cannot begin before the court ruling and "that is a problem."

If the court upholds Mnangagwa's narrow election victory the inauguration would be held within 48 hours. An Associated Press reporter sees no preparations at the national stadium in the capital, Harare. - AP

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