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This article participates on the following special index pages:
Zimbabwe's Elections 2013 - Index of Articles
Presidential election petition to Constitutional Court - Morgan
Tsvangirai vs Robert Mugabe, ZEC, et al
Movement
for Democratic Change (MDC-T)
August
09, 2013
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IN THE
CONSTITUTIONAL COURT OF ZIMBABWE CASE NO CCZ
HELD AT HARARE
In the matter
between:
MORGAN RICHARD
TSVANGIRAYI APPLICANT
And
ROBERT GABRIEL
MUGABE 1ST RESPONDENT
And
THE ZIMBABWE
ELECTORAL COMMISSION (ZEC) 2ND RESPONDENT
And
THE CHAIRPERSON
OF THE ZIMBABWE ELECTORAL COMMISSION 3rd RESPONDENT
And
THE CHIEF ELECTIONS
OFFICER 4TH RESPONDENT
AFFIDAVIT
OF MORGAN RICHARD TSVANGIRAI
I, the undersigned
Morgan Richard Tsvangirai do hereby make oath and swear that;
1. I am the
Applicant in this matter and I am the President of the Political
party called the Movement for Democratic Change (MDC-T) at the Presidential
election held on the 31st of July 2013, I stood as a candidate
for the office of President of Zimbabwe as it is now established
in terms of Section 89 of the Constitution
of Zimbabwe on behalf of the Movement for Democratic Change.
2. The First
Respondent is Robert Gabriel Mugabe who was declared the winner
of the Presidential election held on the 31st of July 2013 by the
Second Respondent on the 3rd of August 2013. The First Respondent
is also the President of the Political party call the Zimbabwe African
Union (Patriotic Front) (ZANU (PF).
3. The Second
Respondent is the Zimbabwe Electoral Commission established in terms
of Section 238 of the Constitution of Zimbabwe as read with Section
4A of the Electoral Act Chapter 2.13.
4. The Zimbabwe
Electoral Commission is charged with the responsibilities in terms
of the Constitution and the Electoral Act inter alia to prepare
for, conduct and supervise elections for President, Parliament,
Chiefs, Provincial and Metropolitan Councils and other bodies. The
Zimbabwe Electoral Commission is tasked to ensure the credibility
of the elections and that those elections are conducted efficiently,
freely and transparently in accordance with the Law.
5. The Third
Respondent is the Chief Elections Officer appointed in terms of
the Electoral
Act. The Chief Elections Officer is cited because in the event
that this application is granted, he is obliged in terms of Section
111(2) (b) to
publish a notice in the Gazette stating the effect of the order
of this Honourable Court.
Election
Petition
6. This Election
Petition is brought in terms of Section 93 of the Constitution of
Zimbabwe. On the basis of the evidence and submission presented
before this Honourable Court through this petition, and evidence
which will be led at the trial of the petition, I challenge the
validity of this election it is my respectful contention that the
election held on the 31st of July 2013 is void and or liable to
be set aside.
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