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This article participates on the following special index pages:
2008 harmonised elections - Index of articles
Presidential
election results case - Judge dismisses Court application
Zimbabwe Lawyers for Human Rights (ZLHR)
April 14, 2008
ZLHR informs
that judgment in the case of Movement for Democratic Change and
Morgan Tsvangirai vs the Chairperson of the Zimbabwe Electoral Commission,
The Chief Elections Officer and ZEC has been passed today. ZLHR
informs that The Court Application lodged and heard in the High
Court compelling the Zimbabwe Electoral Commission to release the
March 29 Presidential Election Results has been dismissed with costs.
ZLHR regrets the reasoning
of the judgment particularly when the judge ruled that the failure
by ZEC to timeosly announce the Presidential election results is
legally valid and it can justify the delay and that ZEC has not
strayed from the law.
The Judge's final
reasoning was that, " this (the) court is therefore not entitled
to intervene and order respondents (ZEC) to announce the results
on the basis of failure to comply with the law"
ZLHR also notes that
there have been visible signs of the militarization of the state
during the case as evidenced by the swarms of riot police, army
and intelligence officers at the High Court of Zimbabwe who maintained
a vigilant presence.
ZLHR is in the process
of studying the judgment to determine the Judges reasoning and the
best way forward. Things as they stand, ZLHR may opt to engage in
a fresh application or take the route of the Supreme Court. ZLHR
will update on the way forward very soon.
Visit the ZLHR
fact
sheet
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