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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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