Election challenge solid – Biti

biti-tendai2.jpg

Tendai Biti

MDC Alliance principal, Tendai Biti, who is also part of the counsel representing opposition leader Nelson Chamisa in the petition seeking to overturn the result of the July 30 presidential election says it will be difficult for the Constitutional Court (ConCourt) to dismiss the case on technicalities.

By Nyasha Chingono

This was after ConCourt Judges raised the issue that Chamisa should have filed and served the papers to the respondents within seven days of the result being announced by the Zimbabwe Electoral Commission (Zec).

However, the respondents only received the papers on the eighth day.

In their submissions, President-elect Emmerson Mnangagwa and Zec chairperson Priscilla Chigumba questioned the validity of Chamisa’s electoral challenge because it was lodged seven days after the date of the declaration of the election results in violation of the Constitution.

Zec argued that the MDC Alliance court application was null and should be dismissed on technicalities.
“It’s not easy to set aside this case based on technicalities,” Biti said.

He said the court will have to consider all pieces of evidence but pointed out that the nine member bench would be critical in its final determination.

“It is so clear that this election was conducted improperly and I think a legal basis for setting aside this election has been established beyond reasonable doubt. I think the ball is not in our court, it is in Zec’s,” Biti said.

Chief Justice Luke Malaba also questioned Chamisa’s lawyer Advocate Thabani Mpofu this afternoon on why the MDC Alliance chose not to use original V11 forms and also why it did not request for a recount to prove its election rigging allegations.

6 thoughts on “Election challenge solid – Biti”

  1. Ken Girtz says:

    It has to be said that Chamisa and Biti and Thabani Mpofu were very loud in their press conference and social media claims of an overwhelming victory stolen that it really does seem like dog tail between the legs to present to court an order seeking at best, another go at it ! Shame on you guys. The openness of proceedings today has raised the stock of judges and advocates so much so that any attempt to discredit the Friday afternoon ruling will result in public lynching of whosoever leads it.

    1. Alexander says:

      I agree that the proceedings were conducted with dignity and openness, but what is this call for lynching for anyone who challenges the resulting ruling?

      You ARE aware that this is not what happens in a civilized country?

  2. rutamba says:

    Alexander, sorry but Zimbabwe is not a civilized country. For as long as those hungry and selfish marauding beasts rule, it will not be a civilised country. Our Zimbabwean leaders so cruel, selfish and corrupt, never get satiated. They will continue to steal, kill and destroy. How many times has the election been stolen. We all call this civilized. Zimbabwe is still very far.

    1. L. Makombe says:

      Rutamba, Zimbabwe is a civilised country. It is those who think Zimbabweans are not civilised who are not civilised. The MDC Alliance did a shoddy job before, during and after the elections and they have themselves to blame for the outcome if it is against them. They were childish during the campaigning, promising us money from Paul Pogba of Manchester United, 15 billion from Trump which was non existant. A pastor who threatens the unleashing of Mbare youths on the same people whom he wants to rule. I am civilised so are many others Zimbos. If a person does have a different opinion than yours it does not mean that he is uncivilised. No one has a monopoly of thinking.

  3. SEKURU says:

    IF ANYBODY THINKS THE COURT PROCEEDINGS COULD HAVE BEEN DONE BETTER NEEDS HIS/HER HEAD EXAMINED.
    CONCRATULATIONS TO THE CON COURT JUDGES FOR A JOB WELL DONE AND TO OUR LOCAL YOUNG LAWYERS, YOU WERE A JOY TO LISTEN TO. WHATEVER THE OUTCOME WE SHOULD ALL BE HAPPY.
    WE LEARN A FEW THINGS IN LIFE LIKE V11 AND V23 FORMS WHICH HAVE TURNED OUT TO BE VERY VERY IMPORTANT DOCUMENTS IN LIFE JUST LIKE OUR ID.

  4. Sharia says:

    Those who write comments in CAPS do need to have their heads examined too kkkkkk

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