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Open letter from MDC Secretary-General regarding the Presidential Election Petition
Welshman Ncube, Movement for Democratic Change (MDC)
October 14, 2003

Read summary of latest developments and legal arguments

Dear Sir/Madam

Re: Morgan Tsvangirai versus Robert Mugabe, the Registrar-General of Elections, the Minister of Justice and the Electoral Supervisory Commission : Presidential Election Petition : High Court, Harare 3rd to the 7th November 2003

In March 2002 Robert Mugabe was controversially elected President of Zimbabwe in an election that was condemned by the Commonwealth, the SADC Parliamentary Forum, Zimbabwean NGOs and many democratic Governments and Institutions the world over. Some observer missions, in particular the South African Observer Mission, were of the view that "the outcome of the 2002 Zimbabwe Presidential elections should be considered legitimate".

Shortly after the declaration of the result MDC President Morgan Tsvangirai filed a petition in the High Court of Zimbabwe (as he was entitled to do in terms of the Zimbabwean Electoral Act) challenging the result.

Despite every effort being taken by the MDC's legal team and countless court applications to have the case heard urgently and in compliance with the rules, the Respondents have done all in their power to delay the case and it has taken some 18 months to get the trial underway. However the trial is now scheduled to commence on Monday the 3rd November in the High Court at Harare. In the first stage of the trial it will be argued that, aside from the violence and fraud that characterized the elections, the elections did not even comply with Zimbabwe's Constitution and Electoral Act.

On the 13th October 2003 the MDC's legal team, led by South African Advocate Jeremy Gauntlett SC, filed Heads of Argument in the High Court. These are attached to this document together with a summary.

We believe that the Heads of Argument show that the election of Robert Mugabe was anything but "legitimate" and trust that a fair and independent court will rule likewise.

The trial will be open to all and we hope that you will make every effort to attend.

Yours sincerely,
The Honourable Professor Welshman Ncube, MP
Secretary General - MDC

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