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Daniel Nemukuyu Senior Reporter
THE Constitutional Court yesterday upheld President Mugabe’s victory, declaring the July 31 harmonised elections free, fair and credible. The court’s decision paves way for President Mugabe’s inauguration tomorrow. Dismissing MDC-T leader Mr Morgan Tsvangirai’s election petition, with costs, Chief Justice Chidyausiku found that the result of the election was a true reflection of the will of the people of Zimbabwe.
“The Constitutional Court, in terms of Section 93 (3) and (4) of the Constitution of Zimbabwe, makes the following determination and declaratur:
“1, That the Zimbabwe Presidential election held on July 31 2013 was in accordance with the laws of Zimbabwe and in particular with the Constitution of Zimbabwe and the Electoral Act.
“2, That the said election was free, fair and credible. Consequently, the result of that election is a true reflection of the free will of the people of Zimbabwe who voted.
“3, That Robert Gabriel Mugabe was duly elected President of the Republic of Zimbabwe and is hereby declared the winner of the said election.
“Reasons for the judgment will be given in due course,” read the order.
Advocate Deepak Mehta appeared for Mr Tsvangirai, while Mr Terence Hussein and Advocate Fred Gijima appeared for President Mugabe.
Mr Tawanda Kanengoni and Mr Charles Nyika represented the Zimbabwe Electoral Commission, while Advocate Farai Mutamangira acted for the Attorney-General.
Mr Tsvangirai filed his petition in terms of Section 93(1) of the Constitution of Zimbabwe challenging the validity of President Mugabe’s re-election.
He was seeking nullification of the presidential election and a rerun within 60 days.
President Mugabe was on August 3 declared duly elected after winning 61,09 percent of the presidential votes cast, with Mr Tsvangirai trailing at 33,94 percent while the other three contestants shared the remaining 4,97 percent.
Mr Tsvangirai alleged vote-rigging, electoral bribery, abuse of the special voting system, intimidation of voters and misuse of voter registration slips, among other issues, as the basis for the petition.
The petition came at a time when many African countries were congratulating President Mugabe on his re-election with a record number of foreign delegations expressing interest in attending his inauguration
President Mugabe, the Zimbabwe Electoral Commission, Justice Rita Makarau and ZEC chief elections officer Mr Lovemore Sekeramayi were cited as respondents in the petition that was filed a day before the expiry of the seven-day period within which disgruntled candidates are allowed to file petitions.
In the petition, Mr Tsvangirai said the first respondent (President Mugabe) was not duly elected owing to the “numerous corrupt and illegal practices and other electoral malpractices and irregularities”.
He also sought to have the election set aside on the basis that ZEC failed to discharge its constitutional obligation to manage and supervise the conduct of credible, efficient, transparent, free and fair elections as it is obliged in the Constitution of Zimbabwe and the Electoral Act.
ZEC, the MDC-T leader argued, failed or refused to avail the voters’ roll to candidates in searchable and analysable form thereby breaching the Electoral Act.
He also claims there was duplication of names on the voters’ roll and that people were intimidated and subsequently voted under duress.
Turning away of voters at polling stations was another ground on which Mr Tsvangirai based his petition, adding that it had an effect of damaging the credibility of the voting process and the credibility of the results.
Mr Tsvangirai alleged that a fake voter registration scandal was unearthed in Hatfield where 500 people were found in possession of bogus slips.
He alleged lack of transparency regarding the company that printed the ballot papers and the number of ballot papers printed for special voting.
Online Reporter