MDC Alliance presidential hopeful Nelson Chamisa’s lawyers
said they had now left everything to God to make a verdict after they argued
their client’s case at the Constitutional Court (ConCourt) on Wednesday seeking
to overturn President-elect Emmerson Mnangagwa’s victory in the July 30
elections.
Chamisa’s lead lawyer, Advocate Thabani Mpofu said he
believed they had done a good job and “what remained was God’s part”, as Zanu
PF spokesperson Simon Khaya Moyo called on parties and their supporters to
remain calm and be prepared to accept the ConCourt’s ruling this afternoon.
In an interview after Wednesday’s gruelling ConCourt
hearing, Mpofu expressed optimism the outcome would be favourable to his
client.
“We have done our best, it is now for God to do the rest,”
Mpofu said.
The ConCourt will today hand over its judgement in the case
in which Chamisa is seeking to be declared winner of the July 30 elections,
claiming Mnangagwa’s narrow 50,8% electoral victory was fraudulent.
Chief Justice Luke Malaba and his full ConCourt bench on
Wednesday reserved judgment in the matter to today, but anxiety has remained
high among supporters of both parties.
“As the ConCourt delivers its verdict tomorrow (today), let
the nation embrace the outcome, let the nation embrace the outcome with calm,
decency, sobriety and genial composure,” Moyo said in a statement yesterday.
“The focus should be on unity, peace, non-violence and
promotion of irreproachable national conduct. We are one family, one people and
one nation. Forward with economic emancipation.”
But Chamisa’s spokesperson Nkululeko Sibanda was
non-committal on whether his boss would accept a negative outcome, curtly
saying: “President Chamisa respects constitutionality and rule of law and that
is what he is. He is ready to accept an outcome that reflects the evidence
given in court. The president will not speculate what the court will say, but
he is sure with the advice given by his lawyers that the results announced by
Zec are not a true reflection of how the people voted and the matter has been
proved before the court.”
Sibanda said Chamisa was appealing to people “trying to
manipulate Zimbabwe’s system to accept that our country can reform and become a
fledgling democracy”.
He added: “Zec failed to answer fundamental questions,
including the 300 000 who voted in Mashonaland Central within an hour, the
disparity between the voter turnout for the presidential and parliamentary
elections, Zec’s final figures that do not tally, among others.”
Sibanda urged the government to respect the constitutional
rights of its citizens, including their freedom of association and assembly.
In his submissions in court, Mpofu said the mere fact that
Zec changed figures for the presidential election three times before the court
hearing meant that its data could not be trusted and created the basis for the
nullification of the election outcome.
Mnangagwa’s lawyers, Thembinkosi Magwaliba and Advocate
Lewis Uriri expressed confidence that Chamisa’s application would be dismissed
in today’s ruling.
“The application is frivolous. We are confident there is
nothing placed before the court, the application is non-legal, but is meant to
be a political show elsewhere,” Uriri said.
Meanwhile, one of the losing presidential candidates,
Daniel Shumba, yesterday insisted that the ConCourt should have considered his
submissions.
Shumba, Build Zimbabwe leader Noah Manyika and Coalition of
Democrats leader Elton Mangoma had their submissions dismissed on a
technicality.
“However, I found it unfair because of the absence of rules
governing such a critical matter. The court would have been enriched from the
arguments we would have made. It had the right to dismiss it after getting all
the information. We are now blaming gatekeepers because we were not allowed access
to the fountain of justice. The court was not going to lose anything in hearing
our submissions.”
Shumba urged the bench to consider the effect of
compromising the people’s will while making a judgment in the Chamisa case
today.
“In coming up with judgments, the bench needs to consider
the effect of compromising the people’s will. The fact that figures have
changed compromised the verdict for the first and 23 respondents. Coming
generations will be visited by the polarisation created by this judgment. I
trust that the judges will cross over the horizons and come up with an informed
judgment.”
He added: “Judgment will be handed tomorrow (today) and we
are, however, curious on why such hurry. It will be difficult to extrapolate
sufficient data. However, our judges are competent and have received awards and
the nation can be expected to expect a fair judgment.”
“The consequences of this judgment cut across the internal
power play, but have the effect on the economic recovery of our country,
confidence building and regard for the rule of law by the apex court. We remain
prayerful and trust God that the outcome will be for greater good,” he said.
Newsday
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