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Affidavit by Morgan Tsvangirai to Constitutional Court - On the withdrawal of election petition
Movement for Democratic Change (MDC-T)
August 16, 2013

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IN THE CONSTITUTIONAL COURT OF ZIMBABWE CASE NO CCZ 71/13
HELD AT HARARE

In the matter between:

MORGAN RICHARD TSVANGIRAI APPLICANT

And

ROBERT GABRIEL MUGABE 1ST RESPONDENT

And

THE ZIMBABWE ELECTORAL COMMISSION (ZEC) 2ND RESPONDENT

And

RITA MAKARAU N.O 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 state that;

1. It is with deep regret and sadness that I find myself having to depose to this affidavit, which I present for purposes of explaining the reasons behind the withdrawal of the Election Petition just filed by my legal practitioners at my specific instance.

2. It is common cause that I filed a Petition challenging the outcome of the Presidential Election in terms of its process and outcome.

3. In the petition various allegations regarding the conduct of the elections by the 2nd Respondent were made, which allegations touch on the credibility and authenticity of the voting material which is currently under the control of the 2nd and 3rd Respondents.

4. In order to gain access to voting material and other documents and information, two (2) Urgent Chamber Applications were filed under case EC 27 and 28 / 13. Whilst arguments were advanced on the points in limine, judgment was indefinitely reserved in the matter. The merits have not been heard.

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