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baffled by Chidyausiku’s move to hear withdrawn petition
Moyo, SW Radio Africa
View this article
on the SW Radio Africa website
Court will on Tuesday rule on Morgan Tsvangirai’s presidential
poll petition, despite
the MDC leader withdrawing the challenge Friday.
withdrew his application
victory in the July 31st poll, citing the unwillingness by the
Electoral Commission to release the voting material which he needed
to support his case.
cited the decision by the Electoral Court to defer ruling on his
application for an order compelling ZEC to release the material
The MDC-T leader
further raised concern about Chief Justice Godfrey Chidyausiku’s
capacity to afford the MDC-T a fair hearing given his attendance
of the Heroes Day commemorations where Mugabe attacked Tsvangirai.
affidavit, explaining the reasons why he withdrew his application.
The affidavit can be read here
Tsvangirai withdrawing the case, Chidyausiku insisted that the matter
be heard Monday and summoned Tsvangirai’s lawyers for a hearing.
the hearing Monday, Mugabe’s lawyers said Tuesday’s
court ruling will deliver “a full determination” on
the initial MDC-T application, in what an observer said is a desperate
bid by Mugabe to have his re-election endorsed by the country’s
his puzzlement at the ConCourt decision to proceed with his case.
He said: “The
Constitutional Court seems zealous to proceed with the case nevertheless.
Despite our lawyers insisting that a fair hearing is impossible
under the circumstances, the Court is adamant that it will rule
on the case tomorrow.”
they can make their determination but it remains a charade in the
absence of material required to expose the rigging. It is like being
forced to play a football match with one leg tied. The referee is
insisting I play but I refuse to be party to such a farce,”
Douglas Mwonzora re-stated his party’s position that they
were baffled by the Con Court’s insistence on a full hearing
of the withdrawn case.
that a full hearing was impossible in the absence of the material
that we have been denied. We came to court out of courtesy and respect
for the institution, and not because we are enthusiastic about it.
going to be unfair hearing anyway and we are happy that it’s
over. They say they are going to make their determination but in
the absence of which the Con Court must know is required to make
the case prosecutable, then that prosecution is impossible,”
his party was not abandoning its fight against the stolen election,
and indicated that they will continue pursuing legal and diplomatic
maintain that this election was not free and fair and that it was
a monumental fraud,” he said.
to SADC’s endorsement of Mugabe’s victory, Mwonzora
said his party was not surprised: “It was to be expected anyway;
we also notice that the summit has postponed its decision on whether
this election was free and fair.
Our point is
that this election was not fair and that SADC continues not to talk
about that shows that they are finding it difficult (to say that
it was). We will maintain our pressure that this was a stolen election,”
disputed presidential election result in 2002, Tsvangirai lodged
another higher court application challenging the figures released
by the registrar-general’s office which did not tally. But
that decision was set aside by then High Court Judge Ben Hlatshwayo.
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