Election petition procedure

Harare Bureau
NOW that President Mnangagwa has filed his notice of opposition to the election challenge by MDC Alliance leader Mr Nelson Chamisa, the opposition leader is expected to lodge an answering affidavit and heads of argument within three days of being served with the response.

Rule 23 of the Constitutional Court Rules of 2016, lays out the procedure which will see the parties being given timeframes within which to file their remaining documents with the apex court.

The setting of timeframes allows the court to hear and determine the dispute within 14 days of the filing of the petition.

According to Rule 23, which deals with disputes relating to the election of a President or Vice President, Mr Chamisa if he so wishes, files an answering affidavit within three days of being served with President Mnangagwa’s response.

“The applicant may, within three days of being served with the notice of opposition, file an answering affidavit with the Registrar and shall serve the same on the respondent,” reads the rules.

The answering affidavit, according to the rules, shall be filed and served on the respondent simultaneously with the applicant’s heads of argument.

In the event that the applicant chooses not to file an answering affidavit, the heads of argument shall be filed at least three days before the hearing of the election challenge.

President Mnangagwa, according to the rules, shall file his heads of argument and serve them on the applicant within three days of being served with the applicant’s heads of argument or in any case, not later than one day before the matter is heard.

If any of the parties is not legally represented, he or she is not compelled to file heads of argument.

The rules compel the the Registrar of the Constitutional Court to set the matter down for determination within 14 days of the filing of the application.