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.