22 Aug 2018
Thembinkosi
Magwaliba, representing Mnangagwa, dismissed claims that the opposition had
produced any evidence of fraud.
"This
application was not seriously done. The applicant is clearly flippant," he
said.
"In
the final analysis it is correct to submit that the allegations... have not
been established."
Nine
judges, led by Chief Justice Luke Malaba, are hearing the case in Harare, where
the court premises were given high security. – AFP
22 Aug 2018
WRAP:
Zimbabwe's
opposition argued in the country's top court on Wednesday that the presidential
election results must be thrown out, alleging that only "massive
doctoring" of the vote had kept Emmerson Mnangagwa in office.
Lawyers
for the Movement for Democratic Change (MDC) launched a blistering attack on
Mnangagwa, the ruling Zanu-PF party and the election commission over the July
30 ballot - Zimbabwe's first election since the ousting of Robert Mugabe last
year.
"There
is a massive cover-up. There has been a massive doctoring of evidence,"
Thabani Mpofu, representing the MDC, told the court.
Mnangagwa,
Mugabe's former ally, won the election with 50.8% of the vote - just enough to meet
the 50% threshold needed to avoid a run-off against MDC leader Nelson Chamisa,
who scored 44.3%.
"There
were at least 16 polling stations with identical results - identical results
for Chamisa, identical results for Mnangagwa. It is like a kid who was playing
with the figures," said Mpofu.
He argued
that irregularities wiped out the narrow margin by which Mnangagwa had avoided
a second-round vote.
"A
run-off is unavoidable. For now, the election must be set aside," Mpofu
said, adding that "we have a false ZEC (Zimbabwe Electoral Commission). We
have a lying ZEC." – AFP
22 Aug 2018
This marks the end of the live updates from the Constitutional Court of Zimbabwe
22 Aug 2018
The court reserves judgement to 14:00 on August 24, 2018
22 Aug 2018
Mpofu is told by the Chief Justice that his time is up
22 Aug 2018
The validity of the election must be set aside by ZEC’s own admission that it is not sure of the figures that the first respondent garnered
22 Aug 2018
If Mnangagwa claims to have won the election he should give us the figure, says Mpofu
22 Aug 2018
ZEC has not denied that unaccounted votes came from non existent polling stations, says Mpofu
22 Aug 2018
Mpofu: The results announced in Mbire and Rushinga do not tally and some 40 000 parliamentary votes are not accounted for
22 Aug 2018
Mpofu: ZEC changed its results before any application was brought before the court and also changed the results after the application has been filed, therefore, it cannot be said to be true that ZEC changed its results in response to the election.
The law requires that results to be announced should be final. Results that were changed three times in two weeks cannot be said to reflect a credible election
22 Aug 2018
Mpofu says the lodging of the application was done on time and the sheriff was given papers on time to serve the respondents
22 Aug 2018
We rely clearly on the analysis of the expert so the first respondent to say the expert only knows about fish when Dr Outumba gave evidence in the Raila Odinga court case is totally unacceptable, says Mpofu
22 Aug 2018
The number of teachers referred to were by unions who approached the courts and got an order so the number can be accounted for, says Mpofu.
22 Aug 2018
ZEC must be satisfied that there is a winning candidate so it must be satisfied that there is candidate who has 50% plus one vote to be declared winner, says Mpofu
22 Aug 2018
The applicant has taken ZEC figures and voters roll and shown the inaccuracy of the results announced, says Mpofu
22 Aug 2018
There is a mathematical challenge and when ZEC starts revising its own figures the presumption of irregularities fall away and become fact that results are not genuine therefore the result must be set aside
22 Aug 2018
Mpofu says Mnangagwa is so scared to deal with the applicant’s case
22 Aug 2018
Advocate Thabani Mpofu says he wants 20 minutes to reply
22 Aug 2018
Chamisa’s attorney now replying
22 Aug 2018
Asked by judge Rita Makarau why there is a difference between presidential and parliamentary votes cast, Kanengoni says voters are not obliged to vote in all elections for the president, member of parliament and councilor
22 Aug 2018
Kanengoni says all the V11 forms were signed by all the party agents at the respective polling stations
22 Aug 2018
Kanengoni replies that it did happen but they only took two samples that are backed by V11 forms
22 Aug 2018
But judge Chiweshe says they were 16 as alluded to by Chamisa’s attorney
22 Aug 2018
Kanengoni admits that there were similar returns at two polling stations but argues that the stations are in different areas
22 Aug 2018
The first respondent won the application, says Kanengoni. The applicant did not ask for a recount within the stipulated and we have to rely on figures released by the ZEC
22 Aug 2018
Kanengoni replies that upon receipt of the data, ZEC subjected the data to analysis and recorded a variance of 0.1% and that does not change the result of the election
22 Aug 2018
The Chief Justice asks why the ZEC abandoned figures that it initially announced
22 Aug 2018
No police officer has come before the court with an affidavit to say that I was disenfranchised of my right to vote through postal voting, adds Kanengoni
22 Aug 2018
The wearing of the scarf by the electoral commission chief way before the sitting of the nomination court cannot be used as evidence to say that there was bias on the part of the electoral commission chief, says Kanengoni
22 Aug 2018
“The commission has not been changing the results of the election. A proper analysis of the election cannot be done through samples but can only be made through real data therefore the election result should not be overturned because there is no basis to do that,” says Kanengoni
22 Aug 2018
There is only a variance of 0.1% of the results announced and that does not change the validity of the elections, says Kanengoni.
22 Aug 2018
The allegation that there were many assisted voters is not linked in any way to the result of the election. In any case ZEC’s role was only to facilitate that everyone cast his or her vote, says Kanengoni
22 Aug 2018
The V11 forms were also signed by all polling agents including MDC Alliance agents, says Kanengoni
22 Aug 2018
Kanengoni: We have put the complete V11 form as opposed to what the applicant says was an incomplete V11
22 Aug 2018
Kanengoni: The affidavit of Joseph Madzudzo that alleges that there was forging of figures on V11s was dealt with in papers before the court as opposed to what the applicant’s lawyers said in their submissions.
22 Aug 2018
Kanengoni: The applicant did not provide the V11 forms which is the primary data. The onus is on the applicant to prove any over voting in order to debunk what was announced by ZEC
22 Aug 2018
Kanengoni: There is no particularity on how the alleged rigging took place. The applicant did not attach any evidence to substantiate his claims
22 Aug 2018
We don’t know how the applicant compiled his data but the Zimbabwe Electoral Commission is convinced that there is no polling station where there was some over-voting, says the ZEC lawyer
22 Aug 2018
There is no discrepancy between what was announced and the voter turnout, says Kanengoni
22 Aug 2018
ZEC did make provisions for people who wanted to be ZEC officials on Election Day to vote, therefore, the 40 000 figure is out, says Kanengoni
22 Aug 2018
It is not known who the 40 000 teachers referred would have voted for, argues Kanengoni
22 Aug 2018
Kanengoni: There is no indication that all the teachers who were deployed as election officials were registered, says Kanengoni
22 Aug 2018
The only variance is the total figure, says Kanengoni
22 Aug 2018
The figures presented by Chamisa showing a variance of figures has been mischaracterised by the applicant
22 Aug 2018
The ZEC attorney says Chamisa’s lawyers filed an incomplete application with missing papers
22 Aug 2018
Kanengoni says the applicant tried to serve papers on the 10th of August without the assistance of the sheriff
22 Aug 2018
Kanengoni: The definition of of lodging refers to the filing and serving of papers through the sheriff by an applicant, therefore, the applicant cannot deny that he filed his papers out of time
22 Aug 2018
ZEC lawyers now arguing
Tawanda Kanengoni is the lead ZEC lawyer
22 Aug 2018
Court adjourns for 10 minutes
22 Aug 2018
The law in Zimbabwe allows voters to be assisted by people of their choice and there is proof of coercion, says Uriri
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