By Own Correspondent| Vice President Retired General Constantino Chiwenga is in Moscow Russia, where he is expected to deliver a special message to the government of Russia following the just ended harmonised elections held on July 30 2018.

VP Chiwenga is also expected to hold meetings with business leaders interested in investing in Zimbabwe amid expectations that he will popularize the “Zimbabwe is open for business mantra.”

Following their arrival in Moscow Friday afternoon, VP Chiwenga and his delegation were welcomed by Zimbabwe’s ambassador to Russia, Ambassador Mike Nicholas Sango and embassy officials.

Upon arrival, Vice President Chiwenga told the national broadcaster that he was sent by President elect Emmerson Mnangagwa to deliver a special message to the Russian government.

“I am a special envoy dispatched by President Emmerson Mnangagwa to deliver a special message to Russia,” said Vice President Chiwenga, without elaborating.-state media

Correspondent|President Emmerson Mnangagwa’s ruling ZANU-PF party said on Friday it was confident that Zimbabwe opposition leader Nelson Chamisa had no case after he challenged presidential election results in court.

“I am confident they have no case. Elections are not won in court, they are won in the field. But if they want to meet us in court we have sufficient legal minds to meet them squarely in court,” ZANU-PF legal secretary Paul Mangwana said.

The MDC alliance filed their paperwork with Zimbabwe’s Constitutional Court on Friday, alleging the result of the July 30 vote had been rigged in favour of incumbent Mnangagwa, the leader of the ruling ZANU-PF party.

“Our legal team successfully filed our court papers. We have a good case and cause!!” MDC leader Nelson Chamisa said on Twitter.

Party lawyers arrived at the court in the capital, Harare, with plastic boxes full of paperwork.

“We will rest when this country is liberated,” Jameson Timba, the MDC’s chief election agent, told journalists standing outside.

Zimbabwe’s electoral commission has said Mnangagwa won the election, the first without long-time president Robert Mugabe on the ballot form, garnering 50.8 percent of the vote against 44.3 percent for Chamisa.

Chamisa has claimed he won 56 percent of votes and called the election “fraudulent, illegal and illegitimate”.

“The MDC alliance say some of the evidence they have shows forms that have been tampered with, figures changed here and there – and they’re going to present that in court,” said Al Jazeera’s Haru Mutasa, reporting from Harare.

Judges have 14 days to rule on the case, delaying the inauguration of Mnangagwa which was scheduled for Sunday.

“If [the judges] think the evidence is weak they could throw the case out fairly fast. They could also just say that they need time to go through the evidence, which could take a couple of days,” Mutasa said.

Mnangagwa, who took over after a military intervention in November 2017, had vowed the first elections after the conclusion of Mugabe’s 37-year rule would be free and fair.

EU observers said that the ZANU-PF candidate had benefitted from an “un-level playing field” and some voter intimidation, though international monitors largely praised the conduct of the election.

On August 1, clashes broke out between security forces and opposition supporters. Six died after soldiers opened fire on the protesters in a response the opposition alliance called “disproportionate and unjustified”.

On Thursday, opposition figure Tendai Biti was detained by Zimbabwean police after Zambian authorities rejected his bid for asylum.

Police were looking for Biti and eight other opposition leaders for allegedly fomenting violence following the disputed national election.

MDC-Alliance principal Tendai Biti, who is facing charges of inciting violence, was yesterday back in court challenging the jurisdiction of the court to hear his matter considering the circumstances surrounding his arrest and return to Zimbabwe.

Biti is also facing charges of contravening Section 66A(1) of the Electoral Act Chapter 2:13, which prohibits the unofficial or false declaration of election results. He is alleged to have unlawfully declared opposition party leader Nelson Chamisa as the winner in the Presidential elections last week. In terms of the country’s electoral law, only the Zimbabwe Electoral Commission (Zec) is empowered to declare the winner of an election. Biti appeared before Harare magistrate Mr Francis Mapfumo.
Through his lawyers Ms Beatrice Mtetwa, Biti wants the court to determine whether his appearance in court was proper given the circumstances of his case.

Biti, who was denied asylum by the Zambian government after he tried to seek refuge in that country on Wednesday, also wants the court to determine whether the police complied with the law after he argued that he was unlawfully arrested in Zambia by unidentified Zimbabwean men.

In his evidence-in-chief led by Ms Mtetwa, Biti narrated to the court circumstances that ‘forced’ him to cross the border, his arrest and appearance in court.

He said when he sought asylum in Zambia he was not running away from the police.
“For the record, I did not seek asylum because of the charges but political persecution,” he said.

“When Charity Charamba (Senior Assistant Commissioner) told journalists that they were looking for me, my lawyer Alec Muchadehama went to CID law and order intending to advise them that I was to surrender myself on that day at 2pm. The police officers he met there said they were not aware that I was wanted and he was told to leave his business card and they would contact him if they wanted me.
“On August 6 my other lawyer Mr Harrison Nkomo went to CID law and order and told them I would surrender myself to the police not to the junta. While we were contemplating with my lawyers, we concluded that CID law and order were not in charge but other forces were. On the evening of August 6, Mr Nkomo wrote a letter to the Police Commissioner-General Matanga asking him if he was in charge of my arrest and asked him if they were not going to hand me over to other forces upon my arrest. There was no response from Matanga.”

Biti also told the court that his mother, brother and nephew were harassed by unidentified men who went to his mother’s house looking for him. He claimed that gun shots were fired at his brother when he was on his way to Bindura in the company of his minor children.
He said that on August 2 there was an attempt on his life by unidentified people driving unmarked vehicles.

“I then concluded that my life and that of my family was in danger hence I decided to flee,” he said.

“I was unlawfully returned to Zimbabwe despite the fact that my life was in danger. No court in Zimbabwe has jurisdiction over me, I should be in a Zambian court since an order was passed by a Lusaka judge. In light of these violations of international laws, Zimbabwe and Zambian domestic laws, my deportation is a nullity and anything that follows is a nullity.”

“In the event that the court finds I am properly before this court, I will challenge the decision in every court so that what happened to me does not happen to anyone and does not repeat itself. I will pursue my rights in the local and regional courts.”

Prosecutor Mr Justin Uladi said the State would lead evidence to prove that Biti was arrested in Zimbabwe by police officers on the strength of a warrant of arrest.

He said Biti was properly before the court and as a Zimbabwean citizen, the court had jurisdiction over him. The State also maintained that Biti was running away from his criminal charges and labelled him a fugitive.

Mr Uladi is appearing for the State along with Mr Michael Reza, Ms Chipo Muronda and Mr Jonathan Murombedzi. The court remanded the matter to Wednesday next week when the State is expected to lead evidence from the investigating officer. – state media

Zanu-PF’s Secretary for Administration Obert Mpofu has mocked MDC Alliance leader Nelson Chamisa for expecting a win in the just ended national elections.

Mpofu’s own boss, Emmerson Mnangagwa has been foremost in bullying other politicians saying he will continue to rule, and to rule, while others continue to bark and to bark: “ku-ukura neku ukura”

But Mpofu has claimed that democracy prevailed in the just ended elections and the will of people must be respected.

“It’s funny that Chamisa (MDC Alliance presidential candidate Nelson) entered an election wanting to win only. In a contest there is always a winner and a loser and if he only wanted to win, he should not have participated. He should have just declared himself a winner,” said Mpofu.

Mpofu added saying Zanu-PF won the polls and the will of the people must be respected.

He said it was going to be pointless for the country to hold elections when the winners were already known.

“As Zanu-PF we won resoundingly and democracy prevailed in the elections. The people made their choices. It wouldn’t have been a fair election if we won all the constituencies. So those who lost should accept the results and work hard to improve next time,” Mpofu said.

He said it was saddening that the MDC Alliance wants to win at all costs and frowned upon the opposition for inciting violence.
“Politicians should not get emotional with politics because the last decision on political matters is made by the people and their choices should be respected. It’s sad the opposition had to get youths drunk in Harare before sending them to the streets to create mayhem. During the day of protests, there were opaque beer containers everywhere to show that the youths were given beer to entice them to create those incidents,” said Mpofu.

He praised the people of Umguza and Bubi for voting for Zanu-PF, saying the two constituencies produced sterling results for the party.

Mpofu was eyeing the Umguza-Bubi senatorial seat and won it.
“In Umguza and Bubi constituencies unlike in other areas, we did not have people who were just voting for a Member of Parliament without voting for the President. We had more people voting for the President than they did for the MP which shows that they respect the party. We are happy with the numbers that we received in both constituencies,” he said.

Mpofu said the party should start campaigning for the next election through delivering on electoral promises while making efforts to win hearts and minds in areas that the party lost.

He said Zanu-PF will continue to distribute its regalia to party supporters as it is an identity for its supporters.

Mpofu was speaking at a Zanu-PF Umguza and Bubi constituencies’ inter-district meeting in Bulawayo

By Farai D Hove| As Zimbabweans protested a typing error on MDC Alliance leader Nelson Chamisa’s court application yesterday, allegations were rife amid a wild claim that there was an act of sabotage by one of his key lawyers.

This was largely due to a typing error on the court application’s front page whereon one of the chief Respondents Emmerson Mnangagwa’s surname was typed as “Mnangwagwa.” SEE PICTURES:

Chamisa is challenging the election results announced by the Zimbabwe Electoral Commission Chairperson, Priscilla Chigumba who announced Emmerson Mnangagwa as the winner of the Presidential polls on Thursday the 2nd August 2018.

According to ZEC, Zanu PF’s Emmerson Mnangagwa won the election with 50.8 percent against Nelson Chamisa’s 44.3 percent’

Zanu PF has also won about two-majority in Parliament.

One woman telephoned ZimEye yesterday and began screaming that one of Chamisa’s lawyers is related to Mnangagwa. Even after several questions, she was adamant that the well known male legal expert, is a saboteur. She cited several engagements he has secretly allegedly had with Mnagagwa, although she could not provide proven evidence in the form of videos, pictures or documents. Several questions were fired at her; But even after 20 minutes of talking, she was obstinate while saying the man is a Mnangagwa aide.

All this came as some seasoned legal experts told the community advocacy OpenParly NGO they are of the view that the election petition to the Constitutional Court is nothing short of chasing a dead end by the party.

Advocate Mandevere Marufu of Kadzere, Hungwe and Mandevere legal practitioner said the MDC Alliance is likely to fail at ConCourt because the courts are not willing to handle highly sensitive political issues dating to 2002.

“To tell you the truth courts don’t want to deal with election petitions on the merits and in the case that they are merits to their (MDC Alliance) case the courts will always try to find something to run away from hearing the case.

“Remember the 2002 election petition filed by the late Morgan Tsvangirai after the political clashes. The ruling for that challenge is still pending up to now with no closure brought to it,”, he said.

Marufu added that local courts were not comfortable dealing with such political matters in Zimbabwe and this latest challenge provided another stern test to that resolve.

Speaking on the same issue another lawyer, Advocate Kennedy Masiye added that executive interference was the biggest danger to the MDC Alliance challenge making winning a mission impossible episode.

Masiye said the President Emmerson Mnangagwa has already revealed his penchant for getting involved in judicial matters.

“The President of Zimbabwe knows no boundaries in his quest to hold on to power.

“Not only has he put into jeopardy “independent” institutions like the Judiciary Services Commission (JSC) but he has openly told the world that he can interfere with judicial outcomes without consequences.

“It is now open to the world that no matter how good the MDC Court challenge of the 2018 disputed Presidential elections he will simply intervene…Judicial independence is under threat in Zimbabwe!’, he added.

Renowned Constitutional law expert Dr Lovemore Madhuku has also gone on record dismissing the MDC court challenge as a poor political act that will not yield anything.

Madhuku whose party the National Constitutional Assembly (NCA) contested the harmonised election has said the Alliance lost fair and square.

THE simmering political power struggle between President Emmerson Mnangagwa — currently ruling under military tutelage after coming in last November through a coup — and his co-deputy retired General Constantino Chiwenga over the unresolved Zanu PF leadership issue after the overthrow of former president Robert Mugabe has now exploded into the public domain.

This follows the shooting and killing of more than six civilians in Harare last week in the midst of violent protests over the hotly-disputed presidential election result.

The incident and renewed repression in the middle of fierce reprisals against the opposition has outraged Zimbabweans and the world, leaving the country under siege as it slides back into political instability reminiscent of the Mugabe era.

Mnangagwa, who has emerged weaker after the elections which revealed his fragile social base in Zanu PF and nationally as he won by a wafer-thin 0,8% margin, while his party got a two-thirds majority, has buckled under local and international pressure to investigate the gruesome killings which were captured vividly in the mainstream media and social media platforms.

High-profile security bosses and experts fear that the current environment might precipitate a bloody fight between Mnangagwa and Chiwenga, and their militarised factions.

“Now that Mnangagwa has caved in to pressure to appoint a team to investigate the shootings, which suggest he did not deploy the army himself and ordered the killings, this will bring him into direct confront with Chiwenga,” a security boss told the Zimbabwe Independent this week.

“He might want to settle big political questions with this. This will become messy, particularly in the context of the unresolved Bulawayo explosion mystery which has fuelled suspicions and tensions within the Zanu PF leadership hierarchy. We are under military tutelage and hence some brinkmanship between Mnangagwa and Chiwenga, and their allies.

“But for now the big question here is: who deployed the military and ordered them to kill civilians? Was it Mnangagwa or Chiwenga, or both in consultation? Was the deployment constitutional and lawful? Who also ordered police to disrupt the media conference? There are volatile issues in this political powder key environment.

“Therein lies the moral hazard of the coup; you will have some agitation when some individuals change their behaviour as their risk-taking is borne by others. This is a recipe for disaster.”

The security chief added: “Let me give you an example of the military in Tunisia and Egypt. In Tunisia, the military was prevented from dabbling in politics under founding leader Ben Ali. When army attempted to participate in the ruling party’s congress in 1979, Ali refused to attend and dismissed the defence minister.

“In Egypt – we will come to Zimbabwe later – the military is dominant like in Syria. The Egyptian military has been the repressive pillar of all the past regimes since the July 23 revolution (the Egyptian coup of 1952 led by first president Muhammad Naguib and his successor Gamal Abdel Nasser which had far-reaching consequences for the country and the region).

“In Zimbabwe, Mnangagwa is facing the moral hazard familiar in authoritarian repression environments. He is in a big dilemma: if he confines soldiers to the barracks, he can easily be overthrown by MDC Alliance or the opposition related movement in the streets. But if he relies on the military for repression and to fight them, he becomes vulnerable to an almost inevitable challenge by Chiwenga and the military.

“Of course, Mnangagwa and Nasser are very different and the situations are also not the same, but there are a few parallels. Nasser was a very consequential Egyptian leader; we are yet to see Mnangagwa’s impact and legacy.

“After taking power through the military in 1952, two years later Nasser survived an attempt on his life by a Muslim Brotherhood member. Following that there was fierce repression and he put his ally in the coup (Naguib) under house and seized power. So you have coup allies fighting each other just after two years down the line.

“In the aftermath of the second coup, Nasser’s fears of his own military heightened. It is not really surprising Nasser became suspicious of his own military afterwards. They seized power together with Naguib and 24 months later he grabbed power for himself using the army, hence there was no logical reason why his allies in the military could not do the same. I’m not saying this will happen in Zimbabwe, but the environment and conditions might lead to that. The signs of internal strife and tensions over an unresolved leadership issue, power and self-aggrandisement are bubbling under the surface.”

As first reported by the Independent months back, political events currently unfolding in the country are pointing to emerging deadly factional confrontation between Mnangagwa and Chiwenga, widely seen as the power behind the throne.

The chaotic Zanu PF primaries, the defeat of Mnangagwa’s key allies in the general elections, the Bulawayo explosion and the bloody polls aftermath are said to have become a deadly cocktail fuelling tensions between the two leaders.

Mnangagwa before the elections publicly spoke about an inside plot to impeach him after the polls. During the campaigns, Mnangagwa and Chiwenga appeared like rivals instead of allies, insiders say.

Mnangagwa also spoke about an attempted assassination after the Bulawayo explosion which killed two security aides and injured many other people. He did not exactly say who was behind the attack.

Although Mnangagwa might have some newfound authority following his recent disputed narrow election victory which gave him the people’s mandate, Chiwenga’s manoeuvres since the coup last November suggest he has presidential ambitions and may not be patient for his boss to even finish one term.

Insiders say initially the coup deal was that Mnangagwa would come in as a civilian face and serve one term and go, leaving power to Chiwenga.

However, Mnangagwa’s repeated talk of two terms is said to have widened the rift between the two. There have also been differences on the transitional arrangement, critical appointments, dismissals, especially in the security sector, business deals and the direction of the administration, sources say.

That Chiwenga is holding the levers of power has been demonstrated in various ways, including his own rushed appointment as vice-president ahead of Oppah Muchinguri whom Mnangagwa apparently had given the job and the seizing of the responsibilities of defence and war veterans from co-vice-president Kembo Mohadi to him. Mohadi initially controlled defence, security and war veterans, but once Chiwenga barged in he grabbed defence and war veterans, while Mnangagwa took security amid fears his deputy would become too powerful. Mohadi was compensated with national healing and reconciliation portfolio.

Insiders say while he might have succeeded in toppling Mugabe, Mnangagwa owes it all to Chiwenga – and his military allies – who executed the coup on the ground while he was in South Africa after he ran away upon his dismissal by Mugabe.

Against such a background, Chiwenga is seen as the kingpin – at least for now.

The Zanu PF primary elections before the general elections laid bare their rivalry and infighting.

Zanu PF national political commissar Engelbert Rugeje – one of those that traded military fatigues for civilian suits – was on coalface of the battle. Its clearest manifestation was in Norton where the outspoken war veterans leader Chris Mutsvangwa had lost to someone preferred by the military.

Mutsvangwa, who was angry police officers had been used to in the primaries run by the army, warned Mnangagwa could lose the presidential election at that rate. Mutsvangwa, whom Chiwenga and his allies apparently do not want, lost the parliamentary election. It is said the military could have played a key role in ensuring Mutsvangwa lost to independent candidate Temba Mliswa, a further manifestation of the Mnangagwa-Chiwenga rivalry.

Mnangagwa controversially won by a narrow margin 0,8% backed by the military as Mutsvangwa’s warning almost came to pass.

MDC Alliance leader nelson Chamisa is challenging the result in court.

Recently, Mnangagwa, who was set to be inaugurated for his first term of office this weekend, indicated he wants to serve for the two full terms provided for by the constitution. Mnangagwa’s inauguration will now take a bit longer after Chamisa’s court challenge.

However, insiders say Chiwenga is not prepared to wait for 10 years of Mnangagwa’s rule to come in, settling the stage for a bruising power struggle ahead.

Independent

Vice President Retired General Constantino Chiwenga has arrived in Moscow Russia, where he is expected to deliver a special message to the government of Russia following the just ended harmonised elections and hold meetings with some business leaders interested in investing in Zimbabwe.

Vice President Chiwenga and his delegation arrived in Russia this Friday and were welcomed by Zimbabwe’s ambassador to Russia, Ambassador Mike Nicholas Sango and embassy officials.

Upon arrival, Vice President Chiwenga told the ZBC News crew that he was sent by President Emmerson Mnangagwa to deliver a special message to the Russian government.

“I am a special envoy dispatched by President Emmerson Mnangagwa to deliver a special message to Russia,” said Vice President Chiwenga, without elaborating.

According to the itinerary, Vice President Chiwenga is expected to meet Russian investors to discuss vast business opportunities in line with the Zimbabwe is open for business mantra.

Top on the list to meet Vice President Chiwenga are the Russian investors who entered into a US$400 million joint venture deal with Zimbabwe, under the banner of the Great Dyke Investment Private Limited.

Vice President Chiwenga, who is also the Defence and War Veterans Affairs Minister, will attend the closing ceremony of the on-going Russia International Army Games this Saturday.

ZBC

A woman who claims she has sex with ghosts has now revealed she’s in a serious and sexual relationship with one — and they’ve even discussed having children.

Amethyst Realm hit the headlines last year when she revealed she’s slept with 15 ghosts since breaking up with her fiancé 12 years ago.

But now, she’s decided to take things to the next level and is in a “pretty serious” relationship with a ghost she met in Australia.

The ghost, who Amethyst can’t see but believes she can communicate and have sex with, has now returned with her to the UK and their relationship is progressing.

Speaking to Australian website New Idea , she said: “One day, while I was walking through the bush, enjoying nature, I suddenly felt this incredible energy. I knew a new lover had arrived.”

She said: “It’s pretty serious. In fact, we’ve even been thinking about having a ghost baby.

“I know that sounds crazy but I’ve been looking into it and I don’t think it’s totally out of the question.”

She believes phantom pregnancies are actually ‘ghost babies’, claiming they don’t go to term because the human body and mind can’t process them.

Last year Amethyst appeared on This Morning to talk about the fact that she left her fiancé after he caught her having an affair with a spirit.

She left viewers baffled as she claimed to have had sex with 15 different ghost lovers.

And a shocked Phillip told her: “I could imagine you’ve got quite a name for yourself in the spirit world.”

He had asked her earlier when she had her first sexual encounter with a ghost. She said: “It was about 12 years ago now, I was living with my fiancé and he was working away a lot.”

She added: “I started to feel a presence.”

Amethyst says that one night she decided to dress in sexy lingerie and hang around in the spare room, where she’d felt the ghost’s presence the most.

She said she waited a while before anything happened and feared that she’d put the ghost off by coming on too strong.

But she claims that just before falling asleep, the ghost turned up and they had sex.

She said she’s gone off men completely and has had sexual relationships with another 14 ghosts.

But Holly asked if she’ll feel that way forever, or if she may want children one day.

And Amethyst said that she believes she can get pregnant by having sex with a ghost. She said: “I’ve done a bit of research into phantom pregnancies.

There’s a possibility that it is a ghost in you but people don’t know how to carry it to full term.”
Amethyst went on to discuss how her relationship with her fiancé ended after he caught her in bed with a ghost.

— The Mirror

By Dorrothy Moyo| Vice President Constantino Chiwenga has said the killing of civilians by soldiers last week is a mistake that can be rectified.

Chiwenga spoke while in Russia as he complained about the United States’ slapping of sanctions on ZANU PF.

Said Chiwenga, “anyone who wants to work with us can come and will take them on board,

“it’s unfortunate that the US continue to punish the ordinary people for a mistake which can be corrected, will not stop the new government to take on board progressive nations who are willing to work with you.”

Below is the Constantino Chiwenga mock press conference artfully portrayed by media personnel Elisha Buffet:

The ruling ZANU PF claims that opposition MDC Alliance missed the deadline to serve its poll petition on President-elect Emmerson Mnangagwa and the Constitutional Court should thus dismiss it.

The party also says the papers were not served at the address President-elect provided to the Zimbabwe Electoral Commission for purposes of the election.

Further, the party claims that the bulk of the other 21 Presidential candidates cited as respondents in the MDC Alliance’s petition yesterday said they had not been served with any papers.

As such, President-elect Mnangagwa’s party wants the case dimissed before the merits of the opposition’s challenge are even considered.

Zanu-PF has at least 12 lawyers handling the matter.

Last Friday, the MDC Alliance sought nullification of the Presidential election results announced by Zec, or for the court to declare the party candidate Nelson Chamisa as the winner of the polls.

The ruling party said the matter should be dismissed because the MDC Alliance faltered at law by failing to serve papers to President-elect Mnangagwa on time, and also served the papers at the wrong address.

In the event that this request is not granted, Zanu-PF’s lawyers expressed confidence that the matter would be dismissed because the issues raised by the MDC Alliance were not sound at law and were mere politicking.

Politburo member Munyaradzi Paul Mangwana said, “In my capacity as Secretary for Legal Affairs of Zanu-PF party, I would like to confirm that, this morning the 11th of August 2018, and at 1030 hours, the Sheriff of the High Court of Zimbabwe, purportedly served papers in respect of Constitutional Challenge Case No CCZ 42/2018 on Comrade ED Mnangagwa at his Munhumutapa Office.

“The purported service is irregular for a number of reasons, including that, it is hopelessly out of time, the pronouncement having been made on or before the 3rd of August, 2018. Service should have been done by Friday, the 10th of August, 2018.

“In any event, service should have been effected at ED Mnangagwa’s address, as given in his nomination papers, being Pricable Farm, Sherwood Block, Kwekwe, and further that, from the papers delivered, there is not attached some documents referred to in the application.

“To our knowledge, because of the attempt to catch respondents by surprise, the applicant has failed to effect service on time, and in accordance with the law.”

Mangwana said Zanu-PF had assembled a “Legal Dream Team” of about a dozen lawyers to handle the matter.

“We have a team of lawyers led by Advocate Lewis Uriri and Advocate Thembinkosi Magwaliba for the court challenge. These two will be supported by 10 other locally based lawyers. We are going to file, most probably on Monday. We are confident of winning this case because the matters raised are political rather than legal.”

State media

Opinion By Lloyd Msipa|Lloyd Msipa is a lawyer and director at the Africa Public Policy Research Institution and writes as follows on the MDC Alliance court challenge.

As I promised, Zimbabwe here is my critic of the Constitutional petition filed by the MDC Alliance. Everything starts and falls on the founding affidavit. Before going into the substance of his application, let’s get the preliminary issues out of the way.

His application literally trips and falls on the first hurdle. The citing of Emmerson Dambudzo Mnangagwa as the first respondent pretty much prepares us for what to expect in the rest of the document. Mnangagwa was a contestant just like all the other twenty-two contestants. He did not run the election. He is the beneficiary of a declaration made by the Zimbabwe Election Commission (ZEC). One would expect them to cite ZEC as the primary respondent.

In terms of the Constitution, the Zimbabwe electoral commission is the legally recognised entity that runs elections in Zimbabwe. It is, therefore, an expectation that an aggrieved party would primarily direct their petition to this institution and thereafter to other parties. Emmerson Mnangagwa can’t be the primary respondent on the grounds that he won the election.

The second preliminary issue that we need to discharge is the issue of citing the chairperson of the Zimbabwe electoral commission in her official capacity separate from ZEC. This is a malicious attempt to embarrass and discredit the chairperson in her personal capacity away from the institution of ZEC which houses other commissioners. It is a sordid attempt to isolate her because of the scarf incident.

Wearing of Scarf with National colours

At some point before her official appointment as ZEC chairperson, Priscilla Chigumba purchased and wore a scarf which is made up of national colours of the Zimbabwe flag. The surfacing of the scarf after she was appointed ZEC chairperson saw social media go into overdrive labelling the act as partisan merely because the State President uses the scarf in all activities, including government engagements. This scarf was used by the late former president Cannan Sondido Banana (MHSRIP) and also by the former president Robert Gabriel Mugabe in the 1980’s.

The label that it is a ZANU PF flag is a social media construct that should be dismissed with the contempt it deserves. The allegation by Chamisa associating the wearing of that scarf as symbolic of bias is ludicrous. The same scarf was worn by the current British Ambassador to Zimbabwe, Catriona Laing and former US Ambassador to Zimbabwe, Harry Thomas. Can we then say they were Zanu PF affiliates?

Now, let’s deal with the substantive issues as set out in his founding affidavit. Remember, we said that the application starts and falls on the founding affidavit. We now interrogate the substantive issues as set out in this document
.
The Substantive Chamisa challenge

He says, in paragraph 4.1 of his founding affidavit, his challenge is of both the ‘result of the election and the declaration of the first respondent as the winner based on procedural and statistical/mathematical grounds. He then takes us back to background issues of things that happened prior to the elections which according to him have a material bearing on the election. We will indulge him and follow him.

Lack of Independence of the Zimbabwe Electoral Commission

Chamisa alleges the ZEC is not an independent commission, but he forgets that ZEC is a product of a multi-party parliamentary committee. ZEC as currently composed was appointed by a parliamentary committee of which he Nelson Chamisa was party too. All the commissioners went through a rigorous selection exercise with all political parties that constituted the GNU (Government of National Unity) at the time seconding members to ZEC. He refers to the twenty-third respondent who of course is Priscilla Chigumba as lacking ‘independence, transparency and accountability’. This the same judge whom the opposition praised when she was overturning demo bans in favour of the opposition when it was not popular to do so. This is the same judge who discharged the Evan Mawarire case when it unfashionable to work against the grain.

Failure of State media to comply with Section 61(4)

Section 61 speaks to the impartiality of the state media to all contestants. Nelson Chamisa alleges that the state media breached provisions of the constitution and in terms of the electoral act ZEC was supposed to call them to order and they refused to do so. ZEC as an institution has in place a media monitoring committee which was extremely active during this election. Letters were written to all presidential candidates offering them slots on state media to enable them to reach out to their supporters. Most didn’t take up these slots. The state media also offered slots for paid adverts to all political parties and it is no secret that the MDC alliance at the time didn’t have the money to take up these slots. The media monitoring committee also had extensive meetings with all newspaper publications, workshops on responsible reporting where held. Yes, there were publications pushing various narratives, but it is no secret that whilst ZEC urged responsible reporting, The Daily News and Newsday supported the MDC Alliance.

Provisions of seeds and fertiliser packs

In violation of section 136 of the electoral act, Chamisa alleges weeks prior to the election ‘gifts’ were given to induce people to vote for the incumbent in the form of fertiliser and seed packs. It is no secret that the government of Zimbabwe runs a command agriculture policy in the rural areas. These programs have been running for the last couple of years in which farmers, both small-scale and commercial are given incentives to help them increase production. This can be in the field of cattle ranching, tobacco farming to maize farming. This government program of empowerment is seen by Chamisa as buying votes. The question that it raises is how many of these people have complained that we have been bribed to give our vote. I am told Chamisa and his lawyers have managed to attach one or two sworn affidavits from people to this effect. There are two hundred and ten constituencies. They will need two hundred and ten sworn affidavits to convince the Constitutional Court. It is no good appending the affidavit of one person.

A presidential challenge, Parliament fine

Chamisa in his application is alleging that the distribution of food packs and seeds poisoned the electoral environment and hence the election was not free and fair. At the same time, he says he accepts the outcome of the National assembly elections and local government election. It is the presidential results he has a problem with. The same reasons he wants the presidential elections nullified surely should also apply to the national assembly and local government elections is it not. After all, it was a harmonised election. If the food packs and seeds poisoned the environment then the entire election is contaminated
.
Intimidation and glaring mathematical errors

Nelson Chamisa also makes accusations of intimidation, gross inflation and deflation of figures at polling stations. To begin with, at any given polling station there would have been between ten to thirty people including observers and agents. I do not see how the intimidation would take place. The doors would close at 7PM and the counting would begin. The election officer would fill out V11 forms for election agents as well as V23 forms at the provincial collation centre. Everyone present signs confirming agreement with the tally, including election observers. Signing signifies acceptance of the count. All agents were given copies. ZESN was able to tally their figures and come up with the same figures ZEC has and a report because they had agents in all the eleven thousand polling stations. So, if Chamisa won, how did he win. Where is the nexus between what he is saying about the errors in mathematics and him getting the Constitutional Court to order that he became president?

Voters roll, ballot paper and Postal vote

Nelson Chamisa also alleges ZEC violated provisions in the electoral act, in particular, section 20(2) © that relates to voter’s role specifics, with ZEC failing to provide him with a voters roll that didn’t contain any biometric data on it, like photographs and fingerprints on it. He also complains of the violation of section 57(a) which relates to the ballot paper being ‘in the form prescribed’ and in alphabetical order. He also complains of a violation of section 73(2)(b)(ii) which is the provision relating to postal votes in the electoral act. He alleges that members of the police force were summoned by their commanding officers and ordered to vote in a particular way.

High Court Judgements in place

On these three grievances, the postal vote, the voter’s role and the ballot paper we have High Court Judgements that shot down the demands made by Chamisa from three separate courts. ZEC has the exclusive mandate to design the ballot paper as the Harare High Court confirmed in a judgement handed down by Justice Mangota The Postal vote judgement finding nothing untoward about the conduct the Zimbabwe Republic police handed by Justice Mwayera at Mutare High Court. The voter’s role matter was concluded in the Harare High Court presided over by Justice Zhou who upheld the privacy of the electorate. The citations are available on the JSC website. They have not been appealed against. They are binding. What is the applicant expecting the Constitutional Court to do?

By accepting the submissions made by Nelson Chamisa the Constitutional Court would be overturning the findings of the trial court using a procedure which does not involve a scrutiny of the proceedings and findings of the High Courts which have already dismissed the applicant’s arguments in these matters. That would be turning the law on its head vis a vis the legal principles which govern the relationship between a trial court and a superior court.

What is the Constitutional Court being asked to do

The Constitutional Court is being asked to conclude that the three High Court judges misdirected themselves in those three judgements. In order to do so, the Constitutional Court must be furnished with the records of proceedings of those three hearings. The question that arises then, is a petition against the outcome of the election the proper procedure for the highest court in the land to ventilate the findings of the High Court? I don’t think so.

Those judgements should have been properly appealed against in terms of the High Court rules. Further to this, an appeal would lie in the Supreme court. It would make better sense if the applicant was saying to the Constitutional Court, look, we have appealed against these judgements. Here are the grounds of appeal, please overturn the judgements and make findings in our favour on the submissions we make.
It is my submission that the Constitutional Court is bound by those High Court judgements until they are properly appealed against and set aside by the supreme court. Therefore, the submissions being made by the applicant are not properly before the Constitutional Court as prima facie evidence of procedural irregularities by ZEC and the Constitutional Court should disregard them.

Draft order defective

In his draft order, Nelson Chamisa seeks that the Constitutional court substitutes the victory of Emmerson Mnangagwa with his This is not a logical conclusion on the grounds in the petition. If the mathematical count is erroneous they should seek an order for a recount. If there were procedural irregularities i.e. the ballot paper, intimidation then the whole election not just the presidential should be nullified. It defies logic for him to suggest that only the presidential election was affected by the ‘partisan food aid’, interference by chiefs, biased media coverage. It makes no sense
.
An announcement of results contrary to act

Chamisa also alleges that contrary to provisions in the electoral act, the chairperson delegated to the announcement of the presidential elections to commissioners. To begin with, the legal concept of an announcement is different from the general ‘zviziviso’ that we are used too. In legal parlance, it is called ‘Notice to the world’. The posting of V11 forms on the wall at polling stations is an announcement. The posting of V23 at constituency level is an announcement. There is no way that the electoral act would have contemplated an environment on television were the chairperson announces all two hundred and ten constituencies with her singular voice. The electoral act provides for the chairperson to make the declaration of who is elected not to read the entire presidential result. She made that declaration in fulfilment of the electoral act.

Conclusion

So why would a whole Lawyer, advocate for that matter ignore the basic procedural requirements of our law and seek to rely on issues that can not be properly be relied on as authorities for certain propositions? Simple. This application is not about the law. It’s not about ZEC, or its chairperson and elections officers. It’s not about the other poor twenty-one presidential contestations. It’s about personality. The cult mentality. The do or die mantra of the loser, Nelson Chamisa. It’s about grandstanding. It’s about being perceived as a biblical David pitted against a Goliath whose two-thirds majority Parliamentary victory has been accepted but surprisingly it was won under the very same conditions being complained against for the presidential plebiscite.

It is my considered view that the application is calculated and designed to stroke Chamisa’s ego and portray him as a victim of the odious Mnangagwa. He promised us that if he loses achaisa jecha musadza hatiridge. It is about revenge. If our election is deemed not free and fair we will continue to suffer for daring to go against him and his ambition. It is about greed. Lack of principle. Lack of vision. Political prostitution. Ultimately, it is about the lack of leadership mentality. A good statesman will put his people first. His country first before anything else. Chamisa chete chete. Jecha musadza. Chiridyai tione!

By Farai D Hove|  Former Zimbabwe Electoral Commission chairperson Justice Rita Makarau is set to sit on the bench that will decide on the court challenge by MDC Alliance leader, Nelson Chamisa at the electoral court.

Also to sit on the bench, is the judge previously opposed by Emmerson Mnangagwa for the Chief Justice job, Justice Luke Malaba.

Makarau was appointed by former President Robert Mugabe.

While some say the development spells doom for Chamisa, others say the inclusion of the two adds a curious, riveting dimension to the court case.

WHAT IS YOUR VIEW?

One legal expert only identified as “Baba Vareign” commented on Facebook saying, “During his tenure as Minister of Justice, ED tried by all means to block Luke Malaba CJ from assuming office as Zimbabwe’s Chief Justice.

“Sezvineiwo, the Chief Justice will lead the full bench of the Constitutional Court in deciding whether Mnangagwa was duly elected as the President of Zimbabwe. Interestingly, it is possible that the previous ZEC Chairperson, Justice Rita Makarawu, who was forced to resign after the coup, will be on the same bench. Interesting times ahead…”

The leader of the Zimbabwe Christian Church, Bishop Nehemiah Mutendi has implored politicians to accept results of the recently held elections and put their differences aside and work together for the good of the country.

Speaking at Defe Dopota, Gokwe, on the sidelines of the church’s annual conference, Bishop Mutendi said politicians should behave in a mature manner and ensure that Zimbabwe gets back to business.

“Those that are not happy with the results of the elections, there are rules to follow, there is the Constitution to guide us, there are courts to decide but we want it quickly over so that Zimbabwe gets to rebuilding the country,” said the Bishop.

He said politicians should come to their senses and unite for the good of the country.

“This has been the most peaceful elections that the country has ever witnessed, probably the most peaceful in Africa, until results started coming in.

“We regret the loss of life caused by unnecessary quarrels. We know Zimbabwe was founded on the loss of blood but to die for a seat in Parliament is different from dying for the country. People died because ‘I was cheated’, that is not a hero’s death. That is uncalled for, we pray that the politicians do their work.

“They know their game, the game has rules, the Constitution is there, everything is on the ground. Why quarrel, the quarrelling that is going on, besides causing death to our people, it is delaying progress. When is business going to start and when is talking going to stop?”

On the way forward for the nation, he said: “This nation must come to its senses. Whoever wants to build Zimbabwe, if it were me, I would include all of them. One political party cannot build a big Zimbabwe.”

He said as a church they will continue to pray for peace because where there is no peace we cannot work. “We are advising our congregants to speak peace, they belong to different political groups, so we send the message of peace, hard work.”

He commended President-elect Emmerson Mnangagwa for the maturity he has shown in this election. “He should have left politics a long time ago. He lost several times in Kwekwe but he didn’t call it quits or to cry foul over that. Those are the mature kind of people that we need.”

The annual conference, a gathering of over a hundred thousand people drawn from across the country, region and global ZCC community, started on Friday and will run until today. Tomorrow the congregants, some who started arriving here as early as Monday, will return to their bases.

In a sermon to the church, Bishop Mutendi said this year’s conference is significant as it coincides with the 42nd anniversary of the passing on of Samuel Mutendi, the church’s founder.

Yesterday’s service was attended by recently elected Members of Parliament, Davis Mharapira (Masvingo North) and Joshua Sacco (Chimanimani East).

SundayMail

Zambia risks losing aid from the US government following the forced deportation of Zimbabwean opposition politician Tendai Biti earlier this week.

Zambia receives around $US300 million under USAID focusing on six key areas such as health, HIV and AIDS, agriculture, climate vulnerability, education and improving democratic governance.

The United States has issued a statement that they will be discussing this matter with President Edgar Lungu and be reviewing certain aspects of its cooperation with the Zambian government.

Heather Nauert the US State Department Spokesperson said the decision to deport Mr Biti is particularly disheartening given the courage that Zambia showed in sheltering thousands of Zimbabwean freedom fighters from Rhodesian aggression in the days of Zimbabwe’s independence struggle.

Ms Nauert revealed that the United States has summoned in Washington the ambassadors of both Zimbabwe and Zambia to register its gravest concerns.

“We will be discussing this matter with Zambia’s leaders and reviewing certain aspects of our cooperation with the Zambian government,” She said

“Government is deeply concerned that Zambia chose to hand over Mr Biti to the Zimbabwean authorities, and in the face of a reported Zambian court order blocking his expulsion from Zambia”

She further the US government is also gravely concerned by credible reports of numerous detentions, beatings, and other abuses of Zimbabweans over the past week, particularly targeting opposition activists.

She said there should be no role for violence, intimidation, or harassment in the new Zimbabwe.

“The Government of Zimbabwe is now responsible for Tendai Biti’s safety and welfare. We call on Zimbabwe’s leaders to guarantee Mr. Biti’s physical safety and ensure his constitutional and human rights are respected, consistent with the rule of law and Zimbabwe’s international obligations and commitments,” she said.

She added, “While Zimbabwe had a historic opportunity to move the country toward a brighter future for all its citizens, an electoral process marred by violence that does not respect constitutional rights and procedures is not a step toward that future.

Report Focus News

“You are kindly requested to desist from commenting on the conduct of judges and or speculating about the conduct or character of a judge or how that judge is perceived by anyone or fowarding messages concerning the same. Our duty is to communicate to our supporters about the strength of our case as filed. Such conduct will be used against us and will alienate us from the judiciary.

Jameson Timba
Presidential Chief Election Agent.”

IN THE CONSTITUTIONAL COURT OF ZIMBABWE​​​CASE NO CCZ____/18
HELD AT HARARE
In the matter between:
NELSON CHAMISA​​​​​​​APPLICANT
And
EMMERSON DAMBUDZO MNANGAGWA​​​​1ST RESPONDENT
And
JOSEPH BUUSHA​​​​​​​2ND RESPONDENT
And
MELBAH DZAPASI​​​​​​​3RD RESPONDENT
And
NKOSANA MOYO​​​​​​​4TH RESPONDENT
And
NOAH MANYIKA​​​​​​​5TH RESPONDENT
And
PETER WILSON​​​​​​​6TH RESPONDENT
And
TAURAI MTEKI​​​​​​​7TH RESPONDENT
And
THOKOZANI KHUPE​​​​​​​8TH RESPONDENT
And
DIVINE MHAMBI​​​​​​​9TH RESPONDENT
And
LOVEMORE MADHUKU​​​​​​10TH RESPONDENT
And
PETER MUNYANDURI​​​​​​11TH RESPONDENT
And
AMBROSE MUTINHIRI​​​​​​12TH RESPONDENT
And
TIMOTHY JOHANNES CHIGUVARE​​​​​13TH RESPONDENT
And
JOICE MUJURU​​​​​​​14TH RESPONDENT
And
KWANELE HLABANGANA​​​​​​15TH RESPONDENT
And
EVARISTO CHIKANGA​​​​​​16TH RESPONDENT
And
DANIEL SHUMBA​​​​​​​17TH RESPONDENT
And
VIOLET MARIYACHA​​​​​​​18TH RESPONDENT
And
BLESSING KASIYAMHURU​​​​​​19TH RESPONDENT
And
ELTON MANGOMA​​​​​​​20TH RESPONDENT
And
PETER GAVA​​​​​​​​21ST RESPONDENT
And
WILLIAM MUGADZA​​​​​​​22ND RESPONDENT
And
ZIMBABWE ELECTORAL COMMISSION​​​​23RD RESPONDENT
And
THE CHAIRPERSON OF THE ELECTORAL COMMISSION​​24TH RESPONDENT
And
THE CHIEF EXECUTIVE OFFICER
OF THE ELECTORAL COMMISSION​​​​​25TH RESPONDENT
founding affidavit
(a)​The deposition
I NELSON CHAMISA make oath and state as follows:
1.1​I am an adult male Zimbabwean and an applicant in this matter. I was the MDC Alliance presidential candidate in the recently held presidential elections. I depose to the facts of this matter in my personal capacity and my deposition is true and correct. Where I refer to legal matters, I rely on the advice of counsel and my entire legal team.
(b)​The respondents
1.2​First respondent is EMMERSON DAMBUDZO MNANGAGWA an adult male Zimbabwean and the current president of the Republic of Zimbabwe. First respondent participated in the just ended elections as a presidential candidate and was declared the winner by the twenty fourth respondent. His return is in issue.
1.3​Second respondent is JOSEPH BUUSHA an adult male Zimbabwean who also participated in the just ended elections as a presidential candidate.
1.4​Third respondent is MELBAH DZAPASI an adult female Zimbabwean who too participated in the just ended elections as a presidential candidate.
1.5​Fourth respondent is NKOSANA MOYO an adult male Zimbabwean who also participated in the just ended elections as a presidential candidate.
1.6​Fifth respondent is NOAH MANYIKA an adult male Zimbabwean who participated in the just ended elections as a presidential candidate.
1.7​Sixth respondent is PETER WILSON an adult male Zimbabwean who participated in the just ended elections as a presidential candidate.
1.8​Seventh respondent is TAURAI MTEKI an adult male Zimbabwean who too participated in the just ended elections as a presidential candidate.
1.9​Eighth respondent is THOKOZANI KHUPE an adult female Zimbabwean who also participated in the just ended elections as a presidential candidate.
2.1​Ninth respondent is DIVINE MHAMBI an adult male Zimbabwean who also participated in the just ended elections as a presidential candidate.
2.2​Tenth respondent is LOVEMORE MADHUKU an adult male Zimbabwean who also participated in the just ended elections as a presidential candidate.
2.3​Eleventh respondent is PETER MUNYANDURI an adult male Zimbabwean who also participated in the just ended elections as a presidential candidate.
2.4​Twelfth respondent is AMBROSE MUTINHIRI an adult male Zimbabwean who also participated in the just ended elections as a presidential candidate.
2.5​Thirteenth respondent is TIMOTHY JOHANNES CHIGUVARE an adult male Zimbabwean who also participated in the just ended elections as a presidential candidate.
2.6​Fourteenth respondent is JOICE MUJURU an adult female Zimbabwean who also participated in the just ended elections as a presidential candidate.
2.7​Fifteenth respondent is KWANELE HLABANGANA an adult male Zimbabwean who also participated in the just ended elections as a presidential candidate.
2.8​Sixteenth respondent is EVARISTO CHIKANGA an adult female Zimbabwean who also participated in the just ended elections as a presidential candidate.
2.9​Seventeenth respondent is DANIEL SHUMBA an adult male Zimbabwean who also participated in the just ended elections as a presidential candidate.
3.1​Eighteenth respondent is VIOLET MARIYACHA an adult female Zimbabwean who also participated in the just ended elections as a presidential candidate.
3.2​Nineteenth respondent is BLESSING KASIYAMHURU an adult male Zimbabwean who also participated in the just ended elections as a presidential candidate.
3.3​Twentieth respondent is ELTON MANGOMA an adult male Zimbabwean who also participated in the just ended elections as a presidential candidate.
3.4​Twenty-first respondent is PETER GAVA an adult male Zimbabwean who also participated in the just ended elections as a presidential candidate.
3.5​Twenty-second respondent is WILLIAM MUGADZA an adult male Zimbabwean who also participated in the just ended elections as a presidential candidate.
3.6​Twenty-third respondent is the ZIMBABWE ELECTORAL COMMISSION a constitutional commission tasked with overseeing the conduct of elections in Zimbabwe.
3.6.1​Twenty-fourth respondent is the CHAIRPERSON OF THE ELECTORAL COMMISSION who is cited in her official capacity. She is cited because her actions in her official capacity are in issue.
3.6.2​Twenty fifth respondent is the CHIEF EXECUTIVE OFFICER OF THE ELECTORAL COMMISSION. He is cited because the relief sought requires his execution.
3.7​The addresses for service for all the respondents appear in the notice attached hereto.
(c)​Nature of the application
3.8​This application challenges the results of the presidential election announced irregularly by the 23rd and 24th respondents on the 2nd of August 2018. It also challenges the declaration by the twenty third respondent that first respondent is the duly elected presidential candidate for the presidential election that took place on the 30th of July 2018.
3.9​I will in this application place reliance on the affidavits of MORGEN KOMICHI and JAMESON TIMBA which are attached hereto. The gentlemen were my Presidential and Chief Election Agents respectively. I will also place reliance on some other supporting affidavits, reports, videos and photographs. I will have two bundles of evidence. the first relates to the documents attached to this affidavit. The second relates to a bundle, separately bound but filed herewith.
4.1​My challenge to both the result of the election and the declaration of first respondent as the winner is primarily based on procedural and statistical/mathematical grounds. I will however, and for purposes of completeness, refer to certain background issues which have a material bearing on the application particularly in so far as the conduct of the twenty third respondent is concerned. That background is also called in aid as a subsidiary basis for the challenge.
(d)​Background issues
4.2​The background to this challenge is set out below.
4.3​As already indicated, I contested for the office of the President of Zimbabwe in the recently concluded elections. In the run-up to the elections, twenty-third respondent involved itself in a litany of constitutional and electoral law violations all of which had the effect of undermining the just conduct of the elections. Loud protests against those violations went unheeded with twenty-third respondent taking an attitude which vacillated between arrogance and obduracy. In all that, twenty-third respondent took positions which were biased in favour of the first respondent. At the end of the day, it was clear that twenty-third respondent had no intention of conducting a proper election. In the event, it did not.
4.4​It is important that I relate to those violations since they show that no proper election was conducted. The main basis upon which I impugn the election result announced and the declaration of first respondent as the President will however, be dealt with separately. For the avoidance of doubt, these background issues are also part of the substantive challenge. The evidence to these background issues is contained in the separately bound volume of evidence which I will call “123 series”.
CONSTITUTIONAL LAW BREACHES

i.​Lack of Independence of the Zimbabwe Electoral Commission

4.5​An independent Electoral Commission goes to the very heart of a free, fair and credible election. The twenty-third respondent clearly lacked independence and the situation was not helped by the conduct of its chair which is articulated below. The lack of independence, transparency and accountability was meant to and did benefit first respondent. Not only were blatant violations committed by the twenty-third respondent but it also turned a blind eye to those which it should have condemned.
ii.​Failure of State owned media of communication to comply with Section 61(4)
4.5.1​The Constitution requires the state media to be impartial and objective. This was not so with the ZBC, The Herald and The Chronicle and yet not once did the twenty-third respondent speak about the violations. The ZBC, which is a State-owned broadcaster created by statute, was a propaganda arm of first respondent and brazenly breached section 61(4) of the Constitution for the entire duration of the Election Campaign. The relevant footage will be played in court and the relevant newspapers placed before it.
4.5.2​Furthermore the Herald and the Chronicle, directly State-owned media of communication, were likewise in breach of this provision. Given that there are no other television stations in the country and that the Herald by its own admission is the largest circulation daily in the nation this was a serious breach of the Constitution which also went to the heart of the election. It should also be pointed out that well over 60% of the electorate in the rural areas only receive their information from the ZBC so this breach had, likewise, a profound effect on the electorate’s outlook and their ability to understand the divergent views and dissenting opinions offered by parties and candidates other than ZANU PF and first respondent.
4.5.3​The conduct of the public broadcasters articulated above is also in breach of the Electoral Act. ZEC was obliged to call the public broadcasters to order over these violations but refused to do so. The failure by ZEC to ensure that there was an impartial and fair coverage of the election goes to the root of the election, particularly when regard is had to the relevant constitutional provisions.
iii.​Conduct of members of security forces

4.5.4​There is a substantial body of evidence which shows that the military were deployed throughout the country prior to the vote and acted to promote the interests to ZANU PF and Mnangagwa. Relevant reports are attached and form part of the separate bundle.
4.5.5​Prior to the announcement of the results the actions of the military in the streets in Harare on the afternoon on Wednesday the 1st August 2018, where they fired live ammunition on defenceless civilians, demonstrated the partisan nature of the military. Given that it is only first respondent who could have deployed them, the link between the two becomes stark. It shows where their allegiances lie.
ELECTORAL ACT BREACHES

4.5.6​For the sake of convenience, the Act will be considered sequentially.
i.​General principles affecting conduct of elections
4.5.7​Section 3 (a) of the Electoral Act states that elections are to be conducted “freely, fairly and transparently. Section 3 (c ) (v) states that every political party has the right to have “reasonable access to all material and information for it to participate in every election”.
4.5.8​During the election campaign two events happened which demonstrate the unfairness of ZEC in favour of ZANU PF/Mnangagwa and which were prejudicial to my interests.
4.5.9​It is common cause that Mnangagwa obtained access to the unique combination of voters’ ward details and cellphone numbers. The SMS’s were sent out to voters’ cellphones encouraging them to vote for ZANU PF. When challenged about this ZANU PF said that they had got this data from their own sources from people who had indicated an interest in supporting ZANU PF. There were numerous reports at the time by people in response to that stating that they had never given such information to ZANU PF nor had they ever expressed any interest in supporting ZANU PF. Others pointed out that their addresses had only changed recently and that the only organization which had their addresses were ZEC. Cellphone service providers denied that they had given out the information to ZANU PF or anyone else for that matter. In other words the only possible source with the unique combination of ward details and cellphone numbers could have come from was ZEC. All voters who registered were required to give their current address and their cellphone numbers to ZEC who held that information. It is apparent from this that ZEC released that information to ZANU PF unfairly and in a discriminatory fashion in favour of ZANU PF and Mnangagwa. There are court records on this issue which will be placed before the court.
4.5.10​In direct contrast to this I requested the full BVR version of the Voter’s Roll generated in terms of Section 20 (2) of the Act as read with section 9 of the Electoral (Voter Registration) Regulations SI 85/2017 but my request was turned down for no apparent reason.
ii.​ZEC’s responsibility to compile voter’s rolls
4.5.11​Section 18 of the Act gives ZEC the responsibility to register voters who are qualified to register and to vote in terms of section 1 of the Fourth Schedule of the Constitution of Zimbabwe. It is trite and common cause that only voters who are eligible should be registered and that no duplicate entries are allowed by law.
4.5.12​It is also common cause that the voter registration exercise was done in the course of the few months leading up to the calling of the election, in other words was done recently and one would expect that all the details would be up to date. A variety of audits of the voters roll prepared by ZEC were done. The audits conducted show that 11% of voters could not be found, which, when extrapolated, amounts to some 625 000 voters. In other audits done by civic organizations the voters roll was found to have serious discrepancies including duplicate voters, false I.D. numbers and false surnames. The reports form part of the separate bundle.
4.5.13​The conduct of ZEC was in breach of the law in that it registered people who were ineligible to be on the roll.
iii.​Wearing of partisan clothing
4.5.14​It is common cause that the Chairperson of ZEC, Judge Priscilla Chigomba was appointed by first respondent on the 1st February 2018. On or about the 5th February 2018 Judge Chigumba was given and allowed herself to be photographed in regalia which was used by one of the candidates in the election: Emmerson Mnangagwa. The scarf was used in all first respondent’s promotional material and became symbolic of his campaign. Judge Chigumba was accordingly guilty of wearing an article of clothing associated with a candidate in breach of the law.
4.5.15​The conduct of the Chairperson of the twenty-third respondent makes it clear that the umpire in this election had decided to pitch camp with one of the contestants. Such conduct is with respect unforgivable. It is that kind of conduct which explains the many irregularities that are related to in this affidavit.
iv.​Failure to provide a complete Voter’s Roll

4.5.16​Section 20(2)(c) of the Electoral Act states that “Voter’s Rolls shall specify that such other information as may be prescribed or as the Commissioner considers appropriate”. The voters roll supplied to me did not contain any biometric data on it, such as photographs and fingerprints. Section 9(c) of the Electoral (Voter Registration) Regulation SI 85/2017 states that the voter’s photographs” is to be included in the voters poll. This information was not supplied to me. No explanation for the failure to supply the information exists.

v.​Voter Education

4.5.17​The function to provide unbiased voter education is that of the commission. It is common cause that ZANU PF asked for permission to use sample ballot papers to engage in its own voter education process. ZEC Commissioner Dr Qhubhani Moyo issued a statement that ZANU PF made this request which permission was denied by ZEC to ZANU PF.
4.5.18​It is however, common cause that on Thursday the 26th July and Friday the 27th 2018 several ZANU PF candidate MPs were found in possession of reams of sample presidential ballot papers which ZANU PF had printed and packaged and distributed to its candidate MPs in breach of the law. The relevant evidence forms part of the bundle of evidence. ZEC did nothing by way of dealing with these violations.
4.5.19​There is however, no assurance that the material related to above was simply educational material. The use of such material provided fertile ground for rigging through ballot swapping and stuffing.
vi.​Alphabetical order of surnames on ballots
4.5.20​The ballot paper designed by ZEC was designed in breach of the law and in a manner meant to benefit first respondent. Section 57 (a) states that every ballot paper shall be “in the form prescribed” and in terms of Section 57 (a) (i) the names “of all the duly named candidates” are to be in “alphabetical order of surnames”.
4.5.21​In terms of the first schedule, Form V10, of the Electoral Regulations set out in Statutory Instrument 21/2005, updated on the 1st June 2018 – The Presidential Ballot Form – it is prescribed that the Presidential Ballot is to be on one page. In addition in terms of Section 3 (11) of the same regulations horizontal segments “shall equate to the number of candidates nominated for the election” and there shall be four vertical segments containing the names of the candidates, name of the party, the symbol of the party and passport sized photograph of the candidate.
4.5.22​It is common cause that ZEC produced a presidential ballot that was not on a single page with four vertical columns as described in the Act and Regulations but with some ten vertical columns and designed in such a way to give a preference to one candidate, namely Mnangagwa, in itself a breach of both the alphabetical order of the surnames required in terms of Section 57 (a) (i) of the Electoral Act and section 235 (1)(c) and 236 (1) of the Constitution which requires ZEC not to act without fear, favour or prejudice or to favour the interests of any political party or prejudice the interests of any other political party.
4.5.23​The breach of the law in this regard was meant to afford first respondent a material advantage and also speaks to the lack of impartiality of the umpire.
vii.​Fixing of polling station returns on the outside of polling stations
4.5.24​Section 64(1) (c ) states that presiding officers of polling stations are obliged to “affix a copy of the polling station return on the outside of the polling station so that it is visible to the public who wish to do so may inspect it and record its contents”.
4.5.25​This provision was however, only complied with at 79% of polling stations. In other words at 21% of polling stations presiding officers did not post polling station returns on the outside of polling stations. The relevant evidence of this violation forms part of the bundle of evidence.
4.5.26​This irregularity was meant to and did assist in twenty-third respondent rigging the election on behalf of the first respondent. The materiality of the irregularity is stark.
viii.​Postal Ballots
4.5.27​Section 73 (2)(b)(ii) states that a member of the disciplined forces may apply for a postal ballot but such application can be sent as part of a batch by the Commanding Officer on behalf of that member of a disciplined force.
4.5.28​In terms of section 74(3) once an application for a postal ballot has been ​received by the Chief Elections Officer and approved The Chief Elections Officer of ZEC shall deliver it to “the nearest post office and dispatched by registered post” or “a commercial courier for delivery to the applicant”. Accordingly this section mandates that all postal ballots are to be addressed individually to the applicants as members of the disciplined forces, not to that applicants’ Commanding Officer or his station.
4.5.29​Section 75 of the Act states that once the postal ballot has been received by the member of the disciplined forces, that member has the right in terms of section 75 (1)(a) to vote secretly and then, in terms of section 75(1)(d), to “dispatch the covering envelope by registered post or by a commercial courier service, back to the Chief Elections Officer.” In other words, a postal ballot is to be dealt with secretly by the member of the disciplined forces at a time and place of his or her choosing and then posted back to ZEC by such member of the disciplined forces.
4.5.30​It is common cause that members of the Police were summoned by their Commanding Officers and ordered to vote collectively and to place their ballots in boxes which would then be returned collectively by such Commanding Officers to ZEC. The evidence of that malpractice is in the bundle of evidence. ZEC breached the law by posting the postal ballots, not to the individual applicants, but to their Commanding Officers in batches. This was done throughout the country. Approximately 7 500 ballots were processed in this manner.
4.5.31​The effect is to invalidate the entire postal vote.
ix.​Counting of Presidential Ballots
4.5.32​The manner in which the collation and verification of the presidential results was done at the National Command Centre was in breach of statute. It is common cause that my agents were not notified of the date and place of verification, were not given an opportunity to make notes of the contents of each constituency return and were not present when the number of votes in each constituency return was counted.
4.5.33​Indeed the entire process of collating, verifying and counting the presidential ballots was done under a cloud of secrecy.
x.​Undue influence, threats to voters, injury, damage, harm or loss

4.5.34​Section 134 (1) of the Electoral Act prohibits people from making use of threats or threatening any “injury, damage, harm or loss”. Throughout the campaign both soldiers and ZANU PF operatives threatened rural inhabitants with injury or the loss of their landholdings or the loss of food aid if they and their communities did not vote for Mnangagwa and ZANU PF. The evidence of such threats is part of the bundle.
4.5.35​Despite widespread reports of such threats being made ZEC took no action to speak out against it, to investigate the same or to report the same to the ZRP for prosecution. There is accordingly no assurance that people in the rural areas cast their votes freely and voluntarily. What compounds this is the soft violence perpetrated through SMS messages in terms of which people were effectively told that the president knew and was watching them.
xi.​Bribery : provision of seeds and fertiliser packs

4.5.36​Section 136 (1) (c) makes it an offence for any person who, directly or indirectly, by himself or herself or by any other person makes “any gift” to any person in order “to induce such person to procure the return of a candidate in the election or the vote of a voter at an election”.
4.5.37​It is common cause that in the weeks prior to the election Mnangagwa and ZANU PF candidates systematically distributed seed packs and fertilizer, purchased using public monies, to rural communities to induce them to vote for Mnangagwa and ZANU PF candidates.
4.5.38​Notwithstanding the fact that these practices were widespread and well reported and ZEC failed to take any action to prevent such practices or to report the breaches to the ZRP for the prosecution of those responsible for such practices.
4.5.39​All these violations affect with respect the credibility of the election under challenge and have the effect of invalidating it.
LEGITIMACY
4.4.40​As a participant in the electoral process, I am aware that the most critical output of an election is legitimacy of government and that this legitimacy is based upon consent. It is from consent of the electorate that government acquires authority and legitimacy. Indeed, our Constitution, the supreme law of the country codifies this principle in various provisions where it is reiterated that authority to govern derives from the people.
4.4.41​For this reason, the process by which this consent is given, that is, the election, must be conducted in a free, fair, transparent and credible way. I am advised and believe that adherence to and fulfilment of electoral procedures as provided for by law is critical to the legitimacy of the election and its outcome. I am also advised and believe this confers a type of legitimacy known as procedural legitimacy.
4.4.42​For reasons that are outlined herein, the twenty-third respondent has failed and/or refused to adhere to or follow all the procedures as required by law or at any rate conducted itself in a fair, impartial and transparent manner. This conduct undermines the foundations of procedural legitimacy which is critical to the proper realisation of consent which is necessary for overall input legitimacy. These failures by twenty-third respondent must be viewed not as singular failings but in aggregate form so that the totality of their effect is to severely undermine the legitimacy of the election, including its outcome.
4.4.43​The breaches accordingly yield the invalidity of the election. Such an invalid election cannot confer either political or legal legitimacy. The people of Zimbabwe deserve a clean and credible process. They only have one chance in five years.
(e)​The main challenge
4.6​At the close of polling at or around 19:00hrs on the 30th of July 2018, sample results from all over the country in the form of completed v11 forms were released and were all over social media. I attach the relevant v11 forms and mark them the “A series” Those results showed that I had in excess of 60% of the vote cast. The results were released from around 20:00hrs to 01:00hrs.
4.7​After it became apparent that first respondent was in a state of deep bother, twenty third respondent immediately stopped the counting in many polling stations and the completion of the necessary returns. The polling station returns v11 forms were no completed until the next day on the 31st of July 2018 when they once again started trickling at or around midday.
4.8​On the 31st of July 2018 ZEC started announcing the results of the parliamentary elections. For some strange reasons, no results from the cities were announced although one would have thought that ZEC had access to those first. Indeed, the last results to be announced were from Harare where the National Command Centre is stationed. This was deliberate and calculated on the part of the twenty-third respondent. Twenty third respondent is under no statutory obligation to manage the manner in which results are announced. The conduct of the twenty-third respondent was hardly surprising given the violations set out above and the attitude exhibited by it whenever issues of concern were raised.
4.9​Another day then passed by without the presidential results being announced. That was of concern. At the close of polling, it is the presidential ballots which are counted and accounted for first. In addition, our system is constituency based so in effect, twenty-third respondent had two hundred and ten results to announce.
5.1​On the 1st of August 2018 twenty third respondent started what it called a verification process and which it asked Messrs Komichi and Timba to witness. The process involved a group of people, in excess of twenty, punching in what was identified as v11 data into an excel spreadsheet. For close to two days that process continued. I defer to the affidavits of the two gentlemen which explain the manner in which that process was being conducted.
5.2​I was also aware that twenty-third respondent had received, as it should do, results from all the polling stations in real time and stored them into its sever.
5.3​Given the unexplained delays, I despatched the head of my legal team to the National Command Centre with instructions to request access to the server. Confirmation was made with ZEC (twenty third respondent) officials that the server did exist. Indeed it does exist. A letter was written making the request for my team to access the server. The letter is attached hereto and marked as “B” and its contents are fully prayed in aid.
5.4​That letter has still not been responded to by ZEC to this very day. There is obviously a reason ZEC will not respond to the letter much as there is a reason, they will not allow us access to the sever.
5.5​In the meantime the punching in of the v11 data at the National Command Centre ended. This was at or around 21:00 P:M on the 2nd of August 2018. It is at that stage that the verification process was supposed to start. We were to verify:
a.​The details of the constituency returns, v23b forms and see how they compared to the details on the excel spreadsheet.
b.​What had been punched into excel and see how it compared to the v11 forms that we all had.
c.​The tally yielded by the process which ZEC had preferred and how that total compared to what we had.
d.​What was on the server was to be compared and if need be contrasted with what was on the V23b forms, the V11 forms and what had been punched into excel.
5.6​My agents demanded that the verification process take place. It had to take place by operation of law at any rate. It had to take place for all the issues set out above to be dealt with. The ZEC CEO Mr Salaigwana accepted that position and assured my agents that the results would not be announced without that process taking place and to that end, Mr Komichi was going to be called in for the verification process. Indeed, in terms of that process, Messrs Komichi and Timba had to sign off on the results before they were announced.
5.7​An indication had previously been given that there was to be an announcement of the presidential results at 22:00hrs. As at 21:55hrs Mr Komichi had received no call from the CEO, no verification had taken place and no signing of the papers to signify the fact that there had been a verification had also taken place. He accordingly visited the CEO’s office who told him that he was still going to contact him as he was still working on some processes. On his part, Mr Komichi was to patiently wait for that call.
5.8​As Mr Komichi was still waiting for the call, ZEC started announcing the results on live television. Mr Komichi had been sold a ruse. There was something that ZEC wanted to hide. It is those results that are challenged. It is the declaration made by the Chairperson pursuant to that announcement that is in issue and whose validity the court ought to look into.
(e.i)​The remit of the challenge
5.9​I have already indicated that all my complaints are relevant to my challenge. The main basis of the challenge is however, narrow and is twofold. The two grounds upon which that challenge is premised are the following:
a.​There was a failure by ZEC to follow processes relating to the collation and announcement of the results and which processes are meant to establish the credibility of any results to be announced. The integrity of the result announced is therefore in issue for want of adherence by ZEC to that process. The process being both constitutional and statutory, there could be no departure from its demands nor is the court in a position to dispense with strict adherence to statute.
b.​The actual results announced by ZEC are themselves afflicted by gross mathematical errors in a manner which affects their validity. The errors are material and materially affect the declaration made by the chairperson of the twenty-third respondent. So patent are the inconsistencies it is clear that they were deliberately engineered by ZEC to favour the first respondent.
6.1​I deal with those in turn.
(f)​Failure to follow processes
6.2​I contend that ZEC failed to follow mandatory legal processes and that such failure invalidates its processes which have to do with the announcement of the results and the declaration of a winner. The following are the respects in which ZEC deliberately flouted statutory processes bearing on a credible outcome;
(i) ​No verification of the results
6.2.1 ​In terms of the law, a presidential election is constituency-based. What is collated and verified at the National Command Centre are the v23b forms which show the constituency totals. Those were never made available to me or my agents prior to the announcement of the so called results and the purported declaration of a winner. Those were never verified. Indeed the constituency totals were not even announced by ZEC. What ZEC purported to do was to announce provincial results in a manner that sought to and did mask the many mathematical irregularities afflicting the results. The announcement of results by province does not itself have any known statutory parentage.
Accurate elections results are those that are declared and announced at the Polling Stations and contained in the Forms V11 and collated in v23a forms. Elections cannot be said to be verifiable if the primary source documents are not delivered and confirmed by the person making the final declaration of results.
6.2.2​For results to have any validity, they must be verified by all the players concerned. Queries must be raised and attended to. This is the statutory design. That process was not followed. The results announced not having gone through this process cannot be saved.
(ii) ​No verification of relevant data
6.2.3​Any verification process would have entailed the verification of the data on v23, v11 forms and the details punched into the ZEC sever. That process did not take place. In addition, there was not even any verification of the excel data and the totals allegedly produced by the figures inputed. That failure led to some glaring irregularities that will be related to later on. Indeed Excel sheet cannot form a basis for the announcement of results or a declaration. Excel sheet is the most insecure document that that can deployed in elections. Its contents can be so easily manipulated and changed by the person making the entries or at a later time once the entries are made.
Failure to refer to the V11 Forms and the results posted on the servers would mean the elections are not verifiable. Adopting the use of technology in the elections was in furtherance of constitutional principles of transparency, accountability and verifiability. Sending results in advance to the servers was to protect against tampering with results once a declaration is made at the polling station. If those results cannot be accounted for then the elections fail the test of verifiability and accountability
6.2.4​I point out that the most important stage of an election is the process of ascertaining the votes cast. The law has evolved certain safeguards that must be followed when a result is being ascertained. The process preferred by ZEC was meant to murky the waters, lacked transparency and credibility and ought to be interfered with.
(iii) ​No signing off on results
6.2.5​My agents were not afforded the opportunity to sign off on the results before they were announced. After the results had been announced, Mr Salaigwana tried in vain to have my agents sign the returns. It is of concern that this request was made after the announcement of results. This should have taken place before the announcement. As it stands, what is contained on Mr Salaigwana’s returns is disputed and is even at variance with the figures his commission announced.
(iv) ​Irregular announcement
6.2.6​In terms of the law, the results of a presidential election must be announced on a constituency by constituency basis. The results challenged were for reasons that have not been stated and which are alien to law announced on a province by province basis. The motivation behind that violation was to conceal the blatant changes which had been effected to the relevant totals. No explanation was given by the twenty third respondent for that irregularity. It seems twenty-third respondent simply decided to turn the law on its head because it could do so. The failure to follow the law in that regard is inexcusable.
The point must be emphasized that presidential elections are constituency based and hence declaration of results are also constituency-based. The national figure merely tallies the results as declared for each constituency. Departure from this position affected the manner in which the elections were conducted and final declarations made.
(v)​Announcement process contrary to Act
6.2.7​By our law, results of a presidential election must be announced by the Chairperson. In casu, the chairperson delegated, in her presence, the task to all the Commissioners. This was in breach of mandatory statutory provisions. No explanation exists for this breach.
6.3​For all these reasons, I submit that the relevant processes were not followed. That failure to follow processes means that the integrity of the result announced cannot be vouched for. The court has no assurance that the correct result was announced. Indeed wrong results were announced as will be demonstrated below. This is sufficient to yield the vacation of the entire process. Zimbabwe cannot be governed by a person who did not win the election.
(g)​Glaring mathematical errors, no win for first respondent
6.4​I must at the outset indicate that on ZEC’s own results, first respondent went above the statutory threshold by 0.8%. In real terms that means if thirty eight thousand (38 000) votes are knocked off from his total, he would have failed to scale the statutory tariff. On ZEC’s own results there would be need for a run off. It is in that context that I raise the issues below;
(i) Wrong results announced
6.4.1​I will deal with this issue on a province by province basis for no other reason than that this is the process which twenty third respondent preferred in announcing the results. I intend to make it clear that twenty third respondent announced wrong results, which are at variance with its own data.
6.4.2​The results announced by ZEC claim that I garnered ______________in Harare and that first respondent had____________________. The v11 forms which are separately bound as annexure “D series” show that I actually garnered _________________ and first respondent garnered_________________________.
6.4.3​In SET OUT ALL THE PROVINCES
6.4.4​The results announced by ZEC do not tally with what ZEC has. In addition, this is what a verification process would have eliminated before a wrong result was announced. On that basis, the result cannot stand. The discrepancies are material. They put in issue the integrity of the entire computation process.
(ii) Figures do not tally
6.4.5​The total registered voters for the purposes of this election was given by ZEC as slightly over 5 600 000-00. It was announced by ZEC that the total votes cast were 72% of the registered voters-SEE “Annex E”. The effect of that is that the votes cast should be slightly above 4 032 000-00 on that computation. The votes announced by ZEC however, give a total, depending on whether one considers the announcement or the data on the CD, some 4 775 640.00 and 4 774 878 respectively. That means from the results announced by ZEC, more than 700 000 votes cannot be accounted for. Obviously that huge figure materially affects the outcome of the election.
6.4.6​In addition, ZEC has made available on disc what it calls the relevant figures relating to this election. The data provided by ZEC on that disc is at variance with the figures it announced as already shown above. I attach hereto and mark as “F series” a comparative schedule showing the discrepancies between what ZEC announced and what it gave us as the data on the basis upon which the announcement was made.
(iii)​No tally between parliamentary votes and presidential
6.4.7​The law and the process during voting is that every voter gets all the three ballot papers. If the voter does not want to vote for a House of Assembly representative or a Councillor, they are still required to cast that ballot which will however, be considered spoilt. The net effect is that the total votes cast for the presidential candidates must tally with those cast for the house of assembly candidates.
6.4.8​On the results announced by ZEC, the presidential tally was in all provinces higher than the house of assembly one. What that means is that by some unlawful and illicit process, the presidential tally was modified. The result announced is accordingly unfounded. I attach hereto and mark as “G’ the relevant analysis that bears this out. It shows___________NUMBERS
(iv) ​Differences between v11 and v23-inlfation and deflation
6.4.9​There are also instances where ZEC altered the data on its own returns. I attach hereto and mark as the “H1 and H2 series” evidence which shows that my votes were being reduced and those of first respondent being increased. The margin is________. The discrepancies come to light when the v11 and v23 data is considered which I also place before the court as “H3 series”.
6.5.1​Further, ZEC also gave some of the contestants votes which they did not garner. I make reference in this regard to_______________________ RELATE TO ALL THAT.
6.5.2​Once there is such evidence, the credibility of the entire result cannot be vouched for. What is important is that these irregularities are apparent from ZEC’s own returns and have an invalidating effect of ZEC’s own pronouncement and declaration.
(v)​More voters than those registered
6.5.3​The evidence attached hereto and marked as the “I series” shows that more people than were registered voted. In some instances, more than a thousand people voted per polling station and yet there could only be a maximum of a thousand registered voters per station. In yet other instances, although the votes recorded are below one thousand, there are still higher than the number of registered voters at those polling stations. That is what created ghost votes which were given to first respondent. The result announced, based as it is on ghost votes can have no validity and that circumstance materially affects the outcome of the election.
6.5.3​It is important to point out that in all instances in which more votes were cast than those registered, it is the first respondent who would amass the bulk of the vote. My vote would always remain within the acceptable range. What that shows with respect is that there was an illegitimate stashing of votes. That also explains why no results were posted at 21% of the polling stations.
6.5.3.1​Further, there are polling stations were ZEC claims there was a plus 90% turnout. This is unimaginable. In those areas where there was a plus 90% turnout, first respondent was given a total of 352 897 votes. I attach hereto the analysis and mark it “Ii”. I also make reference to the affidavits of the experts attached hereto.
(vi) ​No tally between people who voted and results announced
6.5.4​The results as announced by ZEC are fundamentally different from the actual votes cast. A case in point is that of Mashonaland Central. ZEC announced that the total votes were__________. The correct position as shown in the “J series” hereto attached is that only ___________people voted. The effect therefore is that ________________votes were created. The other affected areas are______________. The analysis is attached hereto as the “J1 series”
6.5.5​The case of Mashonaland Central is quite intriguing. At 17:30hrs on the polling day, ZEC announced that 105 000 people had cast their votes by 17:00hrs. See annexure “K” attached hereto. The results announced by ZEC allege that 444k_____ people voted. The effect is that 370 000 people voted in two hours. That takes everyone for granted. It means in reality that __persons voted per second in the last two hours. That is simply ridiculous.
6.5.6​I however, make reference to the attached affidavits of __________which show that no increase in the number of voters towards the close of poll was noted on the day. The plus three hundred thousand voters simply do not exist.
(vii)​Civil servants who did not vote
6.5.7​A total of __________civil servants did not vote on account of their being on duty on the polling day. I have established that of that number 40 000 teachers did not vote. The issue had arisen prior to the election and despite promises being made, nothing was done to attend to the problem. It is disheartening that notwithstanding the clear provisions of the law on the matter, government was at the forefront of violating rights of employees.
6.5.8​It is an open secret that civil servants have always voted against the administration. The attempt to disenfranchise them was meant to affect the opposition vote and on the available evidence, my vote in particular.
6.5.9​In this regard, I make reference to the affidavit of __________showing the actual numbers of state employees who were disenfranchised. I once again make the point that the numbers involved materially affect the outcome of the election.
(viii)​Postal vote
6.6.1​It was advised by the twenty third respondent that a total of some 7500 police officers had applied to vote by postal ballot. The postal voting process is set out in the Act and is not what twenty third respondent superintended over. The video evidence attached hereto and marked as “L series” shows that a mock polling day voting was conducted without even the knowledge of the contesting candidates. The officers were made to vote in the presence of their superiors. Whilst that forms the backdrop, the crux of the matter is that there was no proper voting process in respect of the 7500. The number involved when taken together with the other numbers set out above cannot be ignored and would have a definite effect on the outcome of the election.
(ix)​Assisted votes
6.6.2​A disconcerting aspect of this election is the number of assisted voters. A total of voters_____from areas_________ were assisted to vote. That represents an increase of ________________from 2013, of_______from 2008 etc. This being in the context of voter intimidation and the SMS which were being sent to prospective voters had a huge effect on the election. This kind of irregularity cannot be ignored without the court condoning serious electoral malpractices.
(x)​Collated twice
6.6.2.1​There is also evidence showing that ZEC collated results at some polling stations twice that is to say polling stations were counted twice. I refer the court to annexure “L1”. This created an increase of 9035 votes. Of those, first respondent was as is the case where all irregularities are apparent the beneficiary. The mathematics shows that he got 7703. The 7703 votes do not exist and must be subtracted from his total.
(xi)​Missing Polling stations
6.6.2.1​On voting day 21 polling stations went missing. The details of the missing polling stations are set out in annexure “L2” attached hereto. The aggregate number of registered voters for those polling stations is_________________.
(xii) ​No tallies posted
6.6.2.2​At the close of counting the valid votes taken at every polling station the law requires that the results per polling station be affixed to a notice board. The purpose of this is to preserve the integrity of the vote and ensure that the election officials report the truth. At 21% of the polling stations, the relevant results were not affixed. This accounts for more than 2000 polling stations. More than that the breach gave ZEC the opportunity to manipulate the vote, it is one which is totally unpardonable. What is even more interesting is that this 21% is in ________________. I refer to the attached report which I mark as “L3” which deals with the failure by ZEC to post the relevant results.
(xiii)​Identical results
6.2.2.3​Further clear evidence of fraud is apparent in certain results which are identical. Candidates would get the same number of votes at different polling stations. There chances of that happening in life are next to zero.. The analysis attached here and marked as “L4” which draws from ZEC’s own tally bears that out. There can be no doubt that these results are man made and nothing can depend on them.
(xiv)​Percentages not adding up
6.2.2.4​The results which are on ZEC’s CD do not add up to 100% as they should. They instead add up to 98.4%. Further, a consideration of that data also reflects first respondent with 50.67% and not the 50.8% announced by ZEC. This also goes on to show the lack of both reliability and credibility of the results announced.
(xv)​No voters roll
6.6.3​All these irregularities took place under circumstances where I did not have the final voter’s roll. The roll used for polling is one that I have never had, one that I had not seen prior to the 30th of July 2018 and indeed one that I still do not have to the present day. That an election could take place under such circumstances is deeply disturbing. This gave the twenty third respondent the opportunity to illegitimately assist the first respondent.
(xi)​After the fact
6.6.4​Even after the declaration of the result, twenty third respondent has involved itself in malpractices which are meant to correct the glaring anomalies that I have referred to above. Polling Agents are being forced to change v11 forms. I attach hereto some sample affidavits dealing with the issues and mark it “M series”. My technical team is being harassed amidst so many threats of arrests over trumped up charges. The environment has been heavily militarised and shows an administration which is afraid. The question to ask is why would first respondent behave in such a desperate manner if he won the election?
(h)​Other violations
6.7​There are a series of other violations and discrepancies which are bound together in annexure “N series” hereto attached. I draw the court’s attention to them. The violations are material and affect the figures in a big way.
(i)​The materiality
6.8​It is important that these mathematical violations be considered together with the constitutional and statutory violations that I have already referred to. There is one constant. It is that all irregularities were meant to and did unduly favour the first respondent. The violations go to the root of a proper and credible electoral process. These are accordingly irregularities that cannot be ignored. These are irregularities that do not arise from mistakes.
6.9​In addition, it is submitted that these mathematical irregularities have a material bearing on the outcome of the election. The figures show____________votes given to first respondent and ________________ given to___________. The figures show that some 500 000 cannot be accounted for______________. The 0.8% given to first respondent does not therefore exist.
7.1​For all these reasons, what ZEC announced does not reflect the will of the people of Zimbabwe. On that basis, the result must be set aside. So too must the declaration relating to first respondent being the winner and accordingly the president elect of the republic.
(j)​Our votes
7.2​Although I am not the one on trial, I point out that my tally of votes is 2 674 032 as against 2 008 639 for the first respondent. That is in terms of what is on the ZEC sever. I will by separate process subpoena those results. I point out that these are the entries made in real time by ZEC before it connived to change the results.
(k)​Relief
7.3​I submit that the evidence placed before the court shows gross irregularities which affect the validity of the election and its outcome. That being the case, I submit that the entire process must be declared invalid and accordingly set aside.
7.4​As is borne out by the results on the ZEC sever, I won the election and won it resoundingly. The court is therefore in a position in which it can declare the fact of my victory. This is also clear when the manufactured results given to first respondent are excluded from the final computation.
7.5​Alternatively, the court has to order a fresh poll simply because the data that ZEC has is just too compromised to be made the basis of anything.
7.6​I also pray for costs such costs being borne by the twenty-third respondent, jointly and severally with such other respondents as choose to join with him in opposing this application.
7.7​In the premises, I pray for an order in terms od the draft hereto attached.
THUS DONE AND SWORN TO AT HARARE THIS _____DAY OF AUGUST 2018

SIGNED​​​​​​____________________________
​​​​​​​NELSON CHAMISA

BEFORE ME​​​​​​_____________________________
​​​​​​​COMMISSIONER OF OATHS

IN THE CONSTITUTIONAL COURT OF ZIMBABWE​​​CASE NO CCZ____/18
HELD AT HARARE
In the matter between:
NELSON CHAMISA​​​​​​​APPLICANT
And
EMMERSON DAMBUDZO MNANGWAGWA​​​1ST RESPONDENT
And
JOSEPH BUUSHA​​​​​​​2ND RESPONDENT
And
MELBAH DZAPASI​​​​​​​3RD RESPONDENT
And
NKOSANA MOYO​​​​​​​4TH RESPONDENT
And
NOAH MANYIKA​​​​​​​5TH RESPONDENT
And
PETER WILSON​​​​​​​6TH RESPONDENT
And
TAURAI MTEKI​​​​​​​7TH RESPONDENT
And
THOKOZANI KHUPE​​​​​​​8TH RESPONDENT
And
DIVINE MHAMBI​​​​​​​9TH RESPONDENT
And
LOVEMORE MADHUKU​​​​​​10TH RESPONDENT
And
PETER MUNYANDURI​​​​​​11TH RESPONDENT
And
AMBROSE MUTINHIRI​​​​​​12TH RESPONDENT
And
TIMOTHY JOHANNES CHIGUVARE​​​​​13TH RESPONDENT
And
JOICE MUJURU​​​​​​​14TH RESPONDENT
And
KWANELE HLABANGANA​​​​​​15TH RESPONDENT
And
EVARISTO CHIKANGA​​​​​​16TH RESPONDENT
And
DANIEL SHUMBA​​​​​​​17TH RESPONDENT
And
VIOLET MARIYACHA​​​​​​​18TH RESPONDENT
And
BLESSING KASIYAMHURU​​​​​​19TH RESPONDENT
And
ELTON MANGOMA​​​​​​​20TH RESPONDENT
And
PETER GAVA​​​​​​​​21ST RESPONDENT
And
WILLIAM MUGADZA​​​​​​​22ND RESPONDENT
And
ZIMBABWE ELECTORAL COMMISSION​​​​23RD RESPONDENT
And
THE CHAIRPERSON OF THE ELECTORAL COMMISSION​​24TH RESPONDENT
And
THE CHIEF EXECUTIVE OFFICER
OF THE ELECTORAL COMMISSION​​​​​25TH RESPONDENT
draft order
Harare, the of 2018
Before the full court
________________for the Applicant
________________for the Respondent
WHEREUPON after reading documents filed of record and hearing Counsel
IT IS DECLARED THAT:
1​The election results announced by the Commissioners of the Zimbabwe Electoral Commission on the 2nd of August 2018 and the concomitant declaration of that same date by its chairperson to the effect that Emmerson Dambudzo Mnangagwa was to be regarded as the duly elected President of the Republic of Zimbabwe with effect from the 2nd of August 2018 is in terms of section 93(4)(b) of the Constitution of Zimbabwe as read together with section 111(2)(b) of the Electoral Act (Chapter 2:13) declared unlawful, of no force or effect and accordingly set aside.
2​The applicant, Nelson Chamisa is in terms of section 93(4) of the Constitution of Zimbabwe declared the winner of the presidential election held on the 30th of July 2018.
CONSEQUENTLY IT IS ORDERED THAT:
2​Twenty-fifth respondent shall publish in the Government Gazette this order and the declaration of the election of the applicant to the office of the president of the republic of Zimbabwe.
​ALTERNATIVELY
3​In terms of section 93(4)(b) an election to the office of president of the republic of Zimbabwe shall be held within sixty days of this order.
4​Costs of this application shall be borne by the Zimbabwe Electoral Commission.

BY THE JUDGES

BY THE REGISTRAR

IN THE CONSTITUTIONAL COURT OF ZIMBABWE​​​CASE NO CCZ____/18
HELD AT HARARE
In the matter between:
NELSON CHAMISA​​​​​​​APPLICANT
And
EMMERSON DAMBUDZO MNANGWAGWA​​​1ST RESPONDENT
And
JOSEPH BUUSHA​​​​​​​2ND RESPONDENT
And
MELBAH DZAPASI​​​​​​​3RD RESPONDENT
And
NKOSANA MOYO​​​​​​​4TH RESPONDENT
And
NOAH MANYIKA​​​​​​​5TH RESPONDENT
And
PETER WILSON​​​​​​​6TH RESPONDENT
And
TAURAI MTEKI​​​​​​​7TH RESPONDENT
And
THOKOZANI KHUPE​​​​​​​8TH RESPONDENT
And
DIVINE MHAMBI​​​​​​​9TH RESPONDENT
And
LOVEMORE MADHUKU​​​​​​10TH RESPONDENT
And
PETER MUNYANDURI​​​​​​11TH RESPONDENT
And
AMBROSE MUTINHIRI​​​​​​12TH RESPONDENT
And
TIMOTHY JOHANNES CHIGUVARE​​​​​13TH RESPONDENT
And
JOICE MUJURU​​​​​​​14TH RESPONDENT
And
KWANELE HLABANGANA​​​​​​15TH RESPONDENT
And
EVARISTO CHIKANGA​​​​​​16TH RESPONDENT
And
DANIEL SHUMBA​​​​​​​17TH RESPONDENT
And
VIOLET MARIYACHA​​​​​​​18TH RESPONDENT
And
BLESSING KASIYAMHURU​​​​​​19TH RESPONDENT
And
ELTON MANGOMA​​​​​​​20TH RESPONDENT
And
PETER GAVA​​​​​​​​21ST RESPONDENT
And
WILLIAM MUGADZA​​​​​​​22ND RESPONDENT
And
ZIMBABWE ELECTORAL COMMISSION​​​​23RD RESPONDENT
And
THE CHAIRPERSON OF THE ELECTORAL COMMISSION​​24TH RESPONDENT
And
THE CHIEF EXECUTIVE OFFICER
OF THE ELECTORAL COMMISSION​​​​​25TH RESPONDENT
___________________________________________________________________________
APPLICATION IN TERMS OF SECTION 93(1) OF THE CONSTITUTION OF ZIMBABWE, 2013 FILED PURSUANT TO RULE 23 OF THE CONSTITUTIONAL COURT RULES SI 61 OF 2006
______________________________
TAKE NOTICE that the applicant intends to apply to the Constitutional Court for the Order in terms of the Draft Order annexed to this notice and that the accompanying Affidavits and documents will be used in support of the application.

If you intend to oppose this application you will have to file a Notice of Opposition in Form CCZ 2, together with one or more opposing affidavits with the Registrar of the Constitutional Court at Harare within 3 days after the date on which this notice was served upon you. You will also have to serve a copy of the Notice of Opposition and affidavits on the applicant at the address for service specified below. Your affidavits may have annexed to the documents verifying the facts set out in the affidavits.

There is no need for an order granting direct access of leave to approach the court.
DATED AT HARARE THIS____DAY OF AUGUST 2018
​​​​​​​

ATHERSTONE & COOK
​​​​​​​Applicants’ Legal Practitioners
119 J. Chinamano Avenue
HARARE (Mr Chagonda)
AND TO​​THE REGISTRAR
​​​Constitutional Court of Zimbabwe
​​​HARARE
AND TO​​THE RESPONDENTS AS SET OUT IN THE ATTACHED NOTICE
​​​HARARE

IN THE CONSTITUTIONAL COURT OF ZIMBABWE​​​CASE NO CCZ____/18
HELD AT HARARE
In the matter between:
NELSON CHAMISA​​​​​​​APPLICANT
And
EMMERSON DAMBUDZO MNANGWAGWA​​​1ST RESPONDENT
And
JOSEPH BUUSHA​​​​​​​2ND RESPONDENT
And
MELBAH DZAPASI​​​​​​​3RD RESPONDENT
And
NKOSANA MOYO​​​​​​​4TH RESPONDENT
And
NOAH MANYIKA​​​​​​​5TH RESPONDENT
And
PETER WILSON​​​​​​​6TH RESPONDENT
And
TAURAI MTEKI​​​​​​​7TH RESPONDENT
And
THOKOZANI KHUPE​​​​​​​8TH RESPONDENT
And
DIVINE MHAMBI​​​​​​​9TH RESPONDENT
And
LOVEMORE MADHUKU​​​​​​10TH RESPONDENT
And
PETER MUNYANDURI​​​​​​11TH RESPONDENT
And
AMBROSE MUTINHIRI​​​​​​12TH RESPONDENT
And
TIMOTHY JOHANNES CHIGUVARE​​​​​13TH RESPONDENT
And
JOICE MUJURU​​​​​​​14TH RESPONDENT
And
KWANELE HLABANGANA​​​​​​15TH RESPONDENT
And
EVARISTO CHIKANGA​​​​​​16TH RESPONDENT
And
DANIEL SHUMBA​​​​​​​17TH RESPONDENT
And
VIOLET MARIYACHA​​​​​​​18TH RESPONDENT
And
BLESSING KASIYAMHURU​​​​​​19TH RESPONDENT
And
ELTON MANGOMA​​​​​​​20TH RESPONDENT
And
PETER GAVA​​​​​​​​21ST RESPONDENT
And
WILLIAM MUGADZA​​​​​​​22ND RESPONDENT
And
ZIMBABWE ELECTORAL COMMISSION​​​​23RD RESPONDENT
And
THE CHAIRPERSON OF THE ELECTORAL COMMISSION​​24TH RESPONDENT
And
THE CHIEF EXECUTIVE OFFICER
OF THE ELECTORAL COMMISSION​​​​​25TH RESPONDENT

Another victim of the military brutality was buried yesterday. SEE PICTURE BELOW:

One of the guys brutally murdered by zimbabwe army buried today. It was a sad time. No comments no what. #zimbabwe @P_VanDamme_EU @eueomzimbabwe @UKinZimbabwe @povozim @SABCNewsOnline @BBCBreaking @hbaldwin @usembassyharare @TrevorNcube @ShingiMunyeza @zimeye @CatrionaLaing1 pic.twitter.com/3BCbtxeLF6

— Dr Mtetwa (@MtetwaDr) August 11, 2018

EXPIRED goods, including food items, are being sold openly on the streets of Harare, a situation experts say poses a serious health hazard to citizens. Products such as instant porridge, dairy products, tomato sauce and biscuits that are being sold on the streets have passed their sell-by date. The merchandise is mainly imported from neighbouring South Africa.

Cheese and other milk products whose expiry date was January 2018 are still being sold to unsuspecting customers. There were also biscuits and baby formula products that expired three months ago.

“People love these products,” said a vendor when asked why he was selling expired goods.

“It is only you who is concerned about the expiry date. We make a huge killing out of these products despite their state.”

Some vendors said they were getting the goods from wholesalers who offered huge discounts for expired products.

“We get these products from wholesalers downtown,” said one vendor. “They normally put these products on sale a month before they expire.

“So after buying in bulk we normally fail to finish our stocks before the expiry date passes.”

Consumer Council of Zimbabwe executive director Rosemary Siyachitema said the consumption of expired products posed serious health hazards.

“It is a fact that dairy products are conduits of bacteria. It is a very serious health issue as it poses a health hazard,” she said.

“That’s why we have been pushing for consumer education, urging consumers to always check the expiry dates of the foodstuffs that they buy because their impact on health can be damaging.”

Siyachitema said the passing of the Consumer Protection Bill would empower the council to criminalise such activities, adding that the municipal police should be acting on that.
“On the other hand, I don’t think the municipal police are doing their job,” she said.

“This is happening on the streets, which fall under their jurisdiction.

“On our part, we are pushing for the enactment of the proposed Consumer Protection Act, which we will use to criminalise such behaviour at law.”

Edgar Munatsi, a medical doctor, said eating expired food posed a serious risk to consumers.

“Though some expiry dates relate to product taste, in some cases eating expired food triggers food poisoning,” he said.

He said one obvious sign of food that was past its expiry date was the growth of moulds.

Confederation of Zimbabwe Retailers president Denford Mutashu said wholesalers and retailers were not to blame for the influx of expired goods.

“The allegations of supplying vendors with expired goods are unfounded and baseless and should be dismissed with the contempt they deserve,” he said.

“In short, vendors should simply evacuate from the streets.

“That they are selling expired goods cannot be blamed on wholesalers or retailers.

“The vendors have no proper storage facilities and now the CBD of Harare, for example, is littered with perishable goods sold from pavements.”

Labour and Research Institute of Zimbabwe economist Prosper Chitambara said the proliferation of expired goods on the market was an indication of economic decay and low levels of per capita income.

The Standard