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ConCourt challenge a dead end: legal experts

By Wisdom Mumera

Some seasoned legal experts are of the view that the recently filed election petition to the Constitutional Court by the MDC Alliance is nothing short of chasing a dead end by the party.

MDC Alliance is contesting the Presidential election results and also for some Parliamentary constituencies around the country.

In an interview, 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.

A team of MDC Alliance lawyers led by Advocate Thabani Mpofu assisted by lawyers from South Africa and the USA filed the ConCourt challenge on Friday as the party seeks to overturn results in 21 Parliamentary constituencies and the final Presidential results.

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

Zanu has also won about two-majority in Parliament.

 

Nelson ChamisaEmmerson MnangagwaConstitutional Court

Nelson Chamisa is a Zimbabwean politician who is currently the President of a faction of the MDC-T and leader of the MDC Alliance. In August 2018 Chamisa lost the presidential election to Emmerson Mnangagwa after getting 44.3% of the vote, against Mnangagwa's 50.8%. Chamisa was... Read More About Nelson Chamisa

Emmerson Dambudzo Mnangagwa is a politician and the First Secretary of the Zimbabwe African National Union Patriotic Front (Zanu- PF). He is the President elect of Zimbabwe. On 3 August 2018 ZEC Chairperson Priscilla Chigumba announced that Mnangagwa had won the popular vote by 50.8%... Read More About Emmerson Mnangagwa

The Constitutional Court is the final court of appeals for all matters relating to the Constitution of Zimbabwe, and its decisions are binding on all other courts in Zimbabwe. It has the power to make the final decision on the constitutionality of an act of... Read More About Constitutional Court

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