For the record: Chamisa Constitutional Court judgment in full

The Constitutional Court yesterday dismissed Movement for Democratic Change Alliance leader Nelson Chamisa’s case challenging the results of the 30 July presidential elections.

Chamisa and his party have rejected the court’s decision though it is final and cannot be appealed.

Here is the judgment as read yesterday, courtesy of the Herald.

The applicant was MDC – Alliance candidate Mr Nelson Chamisa; the first respondent was the winner of the July 30 presidential poll, Zanu-PF candidate President-elect Emmerson Mnangagwa; respondents 2 to 22 were the other presidential candidates; respondents 23 and 24 were the Zimbabwe Electoral Commission and its chairperson, Justice Priscilla Chigumba; respondent 25 is the Chief Elections Officer.

This is a unanimous judgement of the court. It must be noted however that it does not at the moment contain the full reasons thereof. These will be issued in due course when a full-dressed judgement taking all the legal issues of the law reports will be considered.

On the 30 of July 2018 the Republic of Zimbabwe held harmonised parliamentary, local government and presidential elections. The applicant and the first respondent participated as presidential candidates along with 21 others. On 3 August 2018, the 24th respondent acting in terms of section 110 Subsection 3 paragraph F(ii) of the Electoral Act declared the first respondent as the candidate who had received more than half the number of votes cast to be duly elected as the President of Republic of Zimbabwe with effect from that date.

The applicant was aggrieved by the declaration of the first respondent as having been duly elected as the President of the Republic of Zimbabwe.

He lodged an application in terms of section 93 of the Constitution of Zimbabwe 2013, which I shall call from now on the Constitution challenging the validity of the election of the first respondent as the President of the Republic of Zimbabwe.Section 93 provides as follows: Challenge to Presidential election Subsection (1) subject to this section any aggrieved candidate may challenge the validity of any election of a President, or a vice president by lodging a petition or application with the constitutional court within seven days after the date of the declaration of the results of the election.

Continued next page

(731 VIEWS)