President Emmerson Mnangagwa’s legal team says it will file its response to the Movement for Democratic Change Alliance election challenge tomorrow but argues that the application was served late and at the wrong address and should therefore dismissed.
Zimbabwe African National Union-Patriotic Front legal affairs secretary Munyaradzi Mangwana said the MDC papers were served at 10:30 on 11 August at Mnangagwa’s Munhumutapa offices. They should have been served on 10 August at Pricable Farm, Sherwood Block, Kwekwe.
Mangwana says the case should therefore be dismissed.
He said ZANU-PF had a 12 member legal team led by Advocate Lewis Uriri and Advocate Thembinkosi Magwaliba.
Mnangagwa was declared the winner of the 30 July elections but MDC Alliance leader Nelson Chamisa wants the result annulled saying he should either be declared the winner or the country should hold fresh election.
Mangwana told the Sunday Mail: “In my capacity as Secretary for Legal Affairs of ZANU-PF party, I would like to confirm that, this morning the 11th of August 2018, and at 1030 hours, the Sheriff of the High Court of Zimbabwe, purportedly served papers in respect of Constitutional Challenge Case No CCZ 42/2018 on Comrade ED Mnangagwa at his Munhumutapa Office.
“The purported service is irregular for a number of reasons, including that, it is hopelessly out of time, the pronouncement having been made on or before the 3rd of August, 2018. Service should have been done by Friday, the 10th of August, 2018.
“In any event, service should have been effected at Comrade ED Mnangagwa’s address, as given in his nomination papers, being Pricable Farm, Sherwood Block, Kwekwe, and further that, from the papers delivered, there is not attached some documents referred to in the application.
“To our knowledge, because of the attempt to catch respondents by surprise, the applicant has failed to effect service on time, and in accordance with the law.”