OVERVIEW: 'If Mnangagwa claims to have won the vote he should give us the figure,' says MDC lawyer

2018-08-22 19:00

All eyes are on Zimbabwe as the country's Constitutional Court hears the petition lodged by opposition leader Nelson Chamisa in his bid to overturn President Emmerson Mnangagwa's victory in the July 30 elections. Get the live updates here

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Last Updated at 01:27
22 Aug 19:01

Thembinkosi Magwaliba, representing Mnangagwa, dismissed claims that the opposition had produced any evidence of fraud.

"This application was not seriously done. The applicant is clearly flippant," he said.

"In the final analysis it is correct to submit that the allegations... have not been established."

Nine judges, led by Chief Justice Luke Malaba, are hearing the case in Harare, where the court premises were given high security. – AFP


22 Aug 19:00

WRAP:

Zimbabwe's opposition argued in the country's top court on Wednesday that the presidential election results must be thrown out, alleging that only "massive doctoring" of the vote had kept Emmerson Mnangagwa in office.

Lawyers for the Movement for Democratic Change (MDC) launched a blistering attack on Mnangagwa, the ruling Zanu-PF party and the election commission over the July 30 ballot - Zimbabwe's first election since the ousting of Robert Mugabe last year.

"There is a massive cover-up. There has been a massive doctoring of evidence," Thabani Mpofu, representing the MDC, told the court.

Mnangagwa, Mugabe's former ally, won the election with 50.8% of the vote - just enough to meet the 50% threshold needed to avoid a run-off against MDC leader Nelson Chamisa, who scored 44.3%.

"There were at least 16 polling stations with identical results - identical results for Chamisa, identical results for Mnangagwa. It is like a kid who was playing with the figures," said Mpofu.

He argued that irregularities wiped out the narrow margin by which Mnangagwa had avoided a second-round vote.

"A run-off is unavoidable. For now, the election must be set aside," Mpofu said, adding that "we have a false ZEC (Zimbabwe Electoral Commission). We have a lying ZEC." – AFP


22 Aug 18:58
This marks the end of the live updates from the Constitutional Court of Zimbabwe

22 Aug 18:58
The court reserves judgement to 14:00 on August 24, 2018

22 Aug 18:56
Mpofu is told by the Chief Justice that his time is up

22 Aug 18:56
The validity of the election must be set aside by ZEC’s own admission that it is not sure of the figures that the first respondent garnered

22 Aug 18:54
If Mnangagwa claims to have won the election he should give us the figure, says Mpofu

22 Aug 18:52
ZEC has not denied that unaccounted votes came from non existent polling stations, says Mpofu

22 Aug 18:51
Mpofu: The results announced in Mbire and Rushinga do not tally and some 40 000 parliamentary votes are not accounted for

22 Aug 18:48

Mpofu: ZEC changed its results before any application was brought before the court and also changed the results after the application has been filed, therefore, it cannot be said to be true that ZEC changed its results in response to the election.

The law requires that results to be announced should be final. Results that were changed three times in two weeks cannot be said to reflect a credible election


22 Aug 18:45
Mpofu says the lodging of the application was done on time and the sheriff was given papers on time to serve the respondents

22 Aug 18:42
We rely clearly on the analysis of the expert so the first respondent to say the expert only knows about fish when Dr Outumba gave evidence in the Raila  Odinga court case is totally unacceptable, says Mpofu

22 Aug 18:40
The number of teachers referred to were by unions who approached the courts and got an order so the number can be accounted for, says Mpofu.

22 Aug 18:34
ZEC must be satisfied that there is a winning candidate so it must be satisfied that there is candidate who has 50% plus one vote to be declared winner, says Mpofu

22 Aug 18:31
The applicant has taken ZEC figures and voters roll and shown the inaccuracy of the results announced, says Mpofu

22 Aug 18:30
There is a mathematical challenge and when ZEC starts revising its own figures the presumption of irregularities fall away and become fact that results are not genuine therefore the result must be set aside

22 Aug 18:27
Mpofu says Mnangagwa is so scared to deal with the applicant’s case

22 Aug 18:26
Advocate Thabani Mpofu says he wants 20 minutes to reply

22 Aug 18:25
Chamisa’s attorney now replying

22 Aug 18:21
Asked by judge Rita Makarau why there is a difference between presidential and parliamentary votes cast, Kanengoni says voters are not obliged to vote in all elections for the president, member of parliament and councilor

22 Aug 18:20
Kanengoni says all the V11 forms were signed by all the party agents at the respective polling stations

22 Aug 18:17
Kanengoni replies that it did happen but they only took two samples that are backed by V11 forms

22 Aug 18:17
But judge Chiweshe says they were 16 as alluded to by Chamisa’s attorney

22 Aug 18:15
Kanengoni admits that there were similar returns at two polling stations but argues that the stations are in different areas

22 Aug 18:08
The first respondent won the application, says Kanengoni. The applicant did not ask for a recount within the stipulated and we have to rely on figures released by the ZEC

22 Aug 18:07
Kanengoni replies that upon receipt of the data, ZEC subjected the data to analysis and recorded a variance of 0.1% and that does not change the result of the election

22 Aug 18:05
The Chief Justice asks why the ZEC abandoned figures that it initially announced

22 Aug 18:01
No police officer has come before the court with an affidavit to say that I was disenfranchised of my right to vote through postal voting, adds Kanengoni

22 Aug 17:59
The wearing of the scarf by the electoral commission chief way before the sitting of the nomination court cannot be used as evidence to say that there was bias on the part of the electoral commission chief, says Kanengoni

22 Aug 17:56
“The commission has not been changing the results of the election. A proper analysis of the election cannot be done through samples but  can only be made through real data therefore the election result should not be overturned because there is no basis to do that,” says Kanengoni

22 Aug 17:54
There is only a variance of 0.1% of the results announced and that does not change the validity of the elections, says Kanengoni.

22 Aug 17:53
The allegation that there were many assisted voters is not linked in any way to the result of the election. In any case ZEC’s role was only to facilitate that everyone cast his or her vote, says Kanengoni

22 Aug 17:46
The V11 forms were also signed by all polling agents including MDC Alliance agents, says Kanengoni

22 Aug 17:40
Kanengoni: We have put the complete V11 form as opposed to what the applicant says was an incomplete V11

22 Aug 17:38
Kanengoni: The affidavit of Joseph Madzudzo that alleges that there was forging of figures on V11s was dealt with in papers before the court as opposed to what the applicant’s lawyers said in their submissions.

22 Aug 17:34
Kanengoni: The applicant did not provide the V11 forms which is the primary data. The onus is on the applicant to prove any over voting in order to debunk what was announced by ZEC

22 Aug 17:33
Kanengoni: There is no particularity on how the alleged rigging took place. The applicant did not attach any evidence to substantiate his claims

22 Aug 17:28
We don’t know how the applicant compiled his data but the Zimbabwe Electoral Commission is convinced that there is no polling station where there was some over-voting, says the ZEC lawyer

22 Aug 17:25
There is no discrepancy between what was announced and the voter turnout, says Kanengoni

22 Aug 17:25
ZEC did make provisions for people who wanted to be ZEC officials on Election Day to vote, therefore, the 40 000 figure is out, says Kanengoni

22 Aug 17:22
It is not known who the 40 000 teachers referred would have voted for, argues Kanengoni

22 Aug 17:22
Kanengoni: There is no indication that all the teachers who were deployed as election officials were registered, says Kanengoni

22 Aug 17:21
The only variance is the total figure, says Kanengoni

22 Aug 17:17
The figures presented by Chamisa showing a variance of figures has been mischaracterised by the applicant

22 Aug 17:16
The ZEC attorney says Chamisa’s lawyers filed an incomplete application with missing papers

22 Aug 17:10
Kanengoni says the applicant tried to serve papers on the 10th of August without the assistance of the sheriff

22 Aug 17:09
Kanengoni: The definition of of lodging refers to the filing and serving of papers through the sheriff by an applicant, therefore, the applicant cannot deny that he filed his papers out of time

22 Aug 17:08

ZEC lawyers now arguing

Tawanda Kanengoni is the lead ZEC lawyer


22 Aug 16:44

Court adjourns  for 10 minutes


22 Aug 16:36
The law in Zimbabwe allows voters to be assisted by people of their choice and there is proof of coercion, says Uriri

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