ConCourt throws out 'late' submissions

ConCourt throws out 'late' submissions
Published: 17 August 2018 (198 Views)
MDC Alliance leader Nelson Chamisa'e election petition, challenging results announced by Zec has been set down for hearing next week Wednesday. Chief Justice Luke Malaba has declared Build Zimbabwe and Alliance leader Noah Manyika and Daniel Shumba of the United Democratic Alliance will not be allowed to make their presentations or submit their petition.

Manyika has joined his MDC Alliance counterpart Nelson Chamisa in disputing results of the July 30 presidential election, citing alleged systematic manipulation of figures to ensure President-elect Emmerson Mnangagwa's victory.

Manyika, in his response to Chamisa's election petition filed at the Constitutional Court (ConCourt) last Friday, claimed that the tallying of votes for the presidential poll by the Zimbabwe Electoral Commission (Zec) provided clear evidence of systematic manipulation of the voting results to avoid a run-off election. In court papers filed yesterday, Manyika said there was sufficient evidence to warrant the nullification of Mnangagwa's victory.

Manyika was one of the 23 presidential candidates cited as respondents in Chamisa's court challenge where the youthful leader is seeking to overturn Mnangagwa's 50,8% electoral victory.

He claimed there were glaring irregularities in Zec's own published results as well as analysis of V11 and V23a forms.

Manyika said there were discrepancies between the results published by Zec in the form of spreadsheets on its website and on compact discs provided to political parties and the differences showed a deliberate "manipulation of results".

"The Zec's published results show that Mnangagwa had 4 904 votes less than the announced results. In addition, Zec's published results also reflected a higher number of votes cast, which further reduced Mnangagwa's percentage of the vote," he said in his affidavit. "According to Zec's published results, Mr Mnangagwa avoided a run-off by a mere 31 830 votes."

Manyika said Zec's published results demonstrated that several polling stations were double-counted in computing the results and an analysis by one Edgar Otumba Ouko provided several examples of double-counting of polling stations in the Rushinga and Mbire constituencies to give Mnangagwa an additional 7 703 votes.

He said results at eight pairs of polling stations had identical tallies for all 23 presidential candidates, including an identical number of total votes and spoilt ballots, a trend described by experts as near-impossible.

Manyika said Zec's published results showed duplicated results in another 20 pairs of polling stations (40 polling stations in total), where Mnangagwa and Chamisa purportedly received a uniform number of votes in different polling stations.

"Given the extent of this duplication, the results from these 40 polling stations must also be treated as highly suspicious," Manyika said. "On my calculations, the polling stations with duplicated results accounted for at least 16 199 votes, which gave Mr Mnangagwa an additional 9 592 votes. I submit that these votes, which are a product of double counting, must be disregarded and excluded from the votes obtained by Mr Mnangagwa," Manyika argued.

United Democratic Alliance (UDA) presidential candidate Daniel Shumba, who had filed in support of Chamisa's challenge was not happy with Justice Malaba's decision.

"We can't have anybody to say if you are supporting Chamisa we can't hear you. We can only hear anyone supporting Mnangagwa," Shumba said.

"Respondents must be heard, you cannot muzzle people. There is nothing in the Constitutional Court that allows for the muzzling of litigants."

According to Shumba, Justice Malaba accused the other candidates filing in support of Chamisa of trying to bring their arguments through the back door. The top judge argued if the other losing presidential candidates were against Mnangagwa's victory, they should have filed their own petitions within the seven days prescribed by the law, not to hide behind the MDC Alliance leader's court challenge.

But Shumba said his right to be heard was guaranteed in sections 165 and 167 of the Constitution.

- Daily News

Tags: Court, Manyika, Chamisa,
 0

You May Like These Videos

Comments

There are no comments.

Latest stories

Knox Mutizwa wins August Goal of the Month award

by kickoff | 05 November 2018 | 599 Views

BREAKING: Gandawa on the run

by Staff reporter | 05 November 2018 | 1161 Views

Econet cannot distribute Kwese TV content to Zimbabwean viewers

by Staff reporter | 05 November 2018 | 906 Views

Shoot-out robbers arrested

by Staff reporter | 05 November 2018 | 953 Views

Mnangagwa ally warns economic saboteurs

by Staff reporter | 05 November 2018 | 936 Views

Chamisa mobilises supporters for mass protests

by Staff reporter | 05 November 2018 | 747 Views

LISTEN: Acie Lumumba speaks on how he got paid

by Staff Reporter | 05 November 2018 | 614 Views

Dzamara speak on Zanu-PF fights

by Mandla Ndlovu | 05 November 2018 | 591 Views

Minister Raj Modi Modi donates salary

by Mandla Ndlovu | 05 November 2018 | 476 Views

'I am a Trillionaire' Magaya says

by Mandla Ndlovu | 05 November 2018 | 806 Views

Supermarkets to be blacklisted over cooking oil

by Mandla Ndlovu | 05 November 2018 | 523 Views

UK army to recruit from Commonwealth

by BBC | 05 November 2018 | 527 Views

Magaya opens up on arrest

by Mandla Ndlovu | 05 November 2018 | 522 Views

Kambarami is still 'Deputy Mayor'

by Mandla Ndlovu | 05 November 2018 | 411 Views

'Import ban must not go beyond December 21'

by Staff reporter | 05 November 2018 | 494 Views

Prophet Magaya puts fresh spin to arrest

by Staff reporter | 05 November 2018 | 493 Views

Chamisa's sign language interpreters get thumps up

by Staff reporter | 05 November 2018 | 461 Views

Mnangagwa to review Mthuli Ncube's 2% tax again

by Staff reporter | 05 November 2018 | 458 Views

Lumumba to be probed by ZAAC?

by Staff reporter | 05 November 2018 | 337 Views

Dzamara speak on ZANU PF fights

by Mandla Ndlovu | 05 November 2018 | 300 Views

Zimbabwe as a new gateway into Africa

by Minister of Finance Prof Mthuli Ncube | 05 November 2018 | 473 Views

Chiwenga's ex-wife looted millions

by Mandla Ndlovu | 05 November 2018 | 787 Views

We are our own worst enemies

by Mapozho Saruchera | 05 November 2018 | 526 Views

Mnangagwa to deal with unexplained wealth and bank deposits

by Staff reporter | 05 November 2018 | 514 Views

WATCH: Chiwenga talks about Prophet Walter Magaya's lipstick

by Staff reporter | 05 November 2018 | 493 Views

Lumumba Saga takes new twist....War vets bay for Mutsvangwa's blood

by Mandla Ndlovu | 05 November 2018 | 582 Views

Chamisa demands Presidency

by Mandla Ndlovu | 05 November 2018 | 465 Views

Zimbabwean teachers miss out on New Zealand opportunity

by Staff Writer | 05 November 2018 | 401 Views

Zimbabwe to introduce e-provisional driver's exams

by Staff reporter | 05 November 2018 | 440 Views

Zimbabwe to supply water to South Africa

by Staff reporter | 05 November 2018 | 437 Views

Mnangagwa claims that 'good times will soon roll'

by Staff reporter | 05 November 2018 | 426 Views

Zimbabwe as a new gateway into Africa

by Hon. Prof Mthuli Ncube | 05 November 2018 | 473 Views

Chiyangwa appoint Karikoga Kaseke

by Staff reporter | 05 November 2018 | 421 Views

ZCTU demo: Ruling today

by Staff reporter | 05 November 2018 | 377 Views

Missing cop found dead

by Staff reporter | 05 November 2018 | 489 Views

Tagwirei marries long-time girlfriend

by Staff reporter | 05 November 2018 | 747 Views

Zimbabwe relaxes maternity leave entitlement

by Staff reporter | 05 November 2018 | 450 Views

Zimbabwe to receive drugs, ambulances from India

by Staff reporter | 05 November 2018 | 375 Views