By Daniel Nemukuyu
Parties to the election petition of the MDC Alliance leader, Mr. Nelson Chamisa, meet today at the clerk of the Constitutional Court to consolidate the record in preparation for hearing the challenge on Wednesday.
Mr. Chamisa, who lost in the final presidential election to President Mnangagwa, claims that the elections have been manipulated. He accuses the Zimbabwe Electoral Commission (ZEC) of conspiring with Zanu-PF to tear up the elections in favor of President Mnangagwa.
President Mnangagwa won the election with 50.8 percent of the total vote against Mr Chamisa who got 44.3 percent. The meeting will be held in accordance with an order issued by Chief Judge Luke Malaba last week during a case management meeting in his chambers.
Part of the court decision is:
"It is considered by agreement that consolidation of the report is attended by the registrar at 11 am on Monday, August 20, 2018.
" All parties are expected to attend "
Today's meeting will be held after submitting all necessary court documents for the challenge to ensure that the record is in order.
In terms of the order of the Chief Justice of last week , President Mnangagwa has to file his head today at 10 am
Mr Chamisa has presented his argument and the sworn statement on Saturday answered defeating the deadline of noon
In the petition, Chamisa alleges election fraud and malpractice during the elections in which Zanu PF demands two-thirds of the majority of the parliament, with Mnangagwa having a 6.5-percent lead, while Chamisa is looking for the destruction of Mnangagwa & # 39; s victory and wants the court to declare him the winner.
He claimed that the election had not been done according to the law and was not "free and fair." Mr Chamisa contested the results, claiming the elections were being constructed to rob him of victory.
The election committee of Zimbabwe came under heavy fire after admitted to mistakes in his calculation of the result of the presidential poll.
while Zec Mnangagwa won the winner with 50.8 percent of the presidential vote, it has marginally downgraded its profits to 50.6 percent since. Chamisa, who had previously questioned 44.3 percent of the votes, now sits at 44.39 percent.
In his statement to the Con-Court, Chamisa said that he was not the one who stood trial, but his number of votes. was 2 674 032, against 2 008 639 for Mnangagwa.
"That's in terms of what's on the Zec server," he said.
"I will sue those results by a separate process, I would like to point out that this is the data that Zec made in real time before it was intended to change the results," Chamisa said in his petition.
The MDC alliance aims at the Apex court as "mathematical violations" because all "constitutional and legal violations" and the counting of discrepancies "were intended to unduly favor the first respondent (Mnangagwa)."
It was alleged that the violations form the basis of a good and credible election process.
"These are accordingly irregularities that can not be ignored, which are irregularities that are not the result of errors
" I propose that the evidence submitted to the court shows gross irregularities affecting the validity of the elections and the to influence its outcome. In that case, I propose that the whole process should be declared invalid and should therefore be destroyed ", according to the alliance.
The legal team is looking for an order stating that Chamisa won the poll.
alternative it says: the court should order a new poll because the data that Zec has, just too compromised to make the basis of something.
Mnangagwa together with the other 21 losing presidential candidates and ZEC were all mentioned as respondents in The high-profile petition
President Mnangagwa argued in his reaction last Wednesday that there was no valid election request that challenged his victory, and he raised a number of preliminary objections to the petition.
The president wants the highest court in the country to petition rejects him and confirms him the winner of the presidential poll on July 30.
"The applicant has proof of unjust grumbles that justify the destruction of the 23rd respondent's statement (Zimbabwe Electoral Commission President Justice Priscilla Chigumba) that I won the elections, "President Mnangagwa said.
He said that a dismissal order was appropriate given the fact that the petition was plagued with flagrant procedural irregularities.
"It was filed out of time," President Mnangagwa said. "Even then, the lack of respect for the addresses of 19 of the 25 respondents, no proof of service was filed with the Registrar of the Court within 48 hours as required by the (court) rules."
President Mnangagwa said that the application was not served with all the documents that Mr Chamisa claimed to have submitted.
"This series of irregularities is deadly for the application," he said.
President Mnangagwa further argued that the intent of Mr Chamisa's lawyers to issue a summons against Judge Chigumba shows that the leader of the MDC alliance accepted the shortcomings of his evidence. 19659006] In this connection, the President has said that the good course of events that the judge must adopt must accept Mr Chamisa's permission and remove the request.
President Mnangagwa argues that Chamisa's request is based on alleged mathematical anomalies that are not based on facts
he pointed out that Mr Chamisa had not made the request to set aside the presidential election in good faith, but he just like the duly elected president of the country and to make political statements in court.
"This is evidenced by the fact that the application does not comply with the rules of the court and the constitution," he said. The Herald / Daily News