Updates by Thembinkosi Mangena
19:57 – Chief Justice Malaba says this is the end of proceedings today. He says judgement is reserved, and will be handed down at 2pm on Friday, the 24th of August.
18:26 – Chamisa’s lawyer, Mpofu back on the stand to reply.
18:06 – Kanengoni admits that there have been little and immaterial clerical errors but says that does not change the declaration of the results as the errors represent a mere 0.1% of the total votes.
18:02 – Kanengoni: “The application before the court is deficient of evidence and I pray that it is dismissed.”
17:54 – Kanengoni says there is no basis in concluding that ZEC Chairperson’s picture wearing a Zimbabwean scarf means she supported the 1st respondent, as the picture was taken several months before the nomination court set to approve candidates.
17:50 – On the high number of assisted voters, Kanengoni says ZEC is not interested in finding out why that was so, but interested in affording a voter who has indicated that they want to be assisted the right to vote.
17:27 – Kanengoni dismisses the claim that there are some polling stations where there was over-voting, saying v11 forms brought before the court show that the over-voting claim is fake.
17:24 – Kanengoni says the voter turnout was 85% contrary to the applicant’s claim that it was 72%.
17:08 – Kanengoni says Chamisa’s legal team filed an incomplete application, which had missing papers.
17:04 – Kanengoni says the matter rests with the applicatnt to present enough evidnce to substantiate all his claims.
17:00 – We are back at the ConCourt and Tawanda Kanengoni, representing three ZEC officials, takes to the stand to present his submissions.
16:44 – Another break at the ConCourt after the end of submissions by lawyers representing President Mnangagwa. It will be just 10 minutes though.
16:39 – Uriri, back on the stand, says the law allows people to be assisted in voting by people of their choice, adding that there is no evidence that the assisted voters were coerced to choose to be assisted.
16:36 – Magwaliba admits that ZEC could have made errors, but says even in US, change of figures in Bush vs Gore did not invalidate the result.
16:25 – Magwaliba: “Why did the applicant wait to file their petition on the last day at 4.pm?” He adds that this application is therefore not bona fide and should not be allowed to stand.
16:20 – Magwaliba argues that the applicant’s papers were served to the 1st respondent on the 11th of August, after the expiry of the 7 days provided by the law for petitions to be submitted.
16:06 – On the allegations of intimidation of voters by village heads, Magwaliba says all thus is unsubstantiated as the village heads are not even named in Chamisa’s submissions.
16:01 – Advocate Thembinkosi Magwaliba, also for President Mnangagwa takes to the stand to present the remaining heads of arguments for the 1st respondent.
15:46 – Uriri dismisses the theoretical proposition that people in the same geographical area should vote in a consistent way, describing it as fallacy and absurd.
15:49 – Uriri cites one statistical presentation by Chamisa’s legal team and brands it fictitious as there is no evidence of the source of the data presented. He says such a document should be thrown out of the court.
15:40 – Uriri says secondary evidence should not be relied upon if primary evidence is available.
15:33 – Uriri says Chamisa’s lawyer is relying on some ‘4th bundle of evidence,’ which has not been placed before the court.
15:30 – Uriri says Chamisa has submitted a lot of unsubstantiated claims.
15:25 – President Mnangagwa’s lawyer, Uriri takes to the stand, to oppose the Chamisa challenge.
14:33 – The court takes a 40 minutes break and CJ Malaba confirms that when they come back, they will give the respondents to a chance to present their heads of argument.
14:15 – “All the mistakes, errors and malpractices by ZEC were meant to benefit the 1st respondent,” says Mpofu, adding that it is not by coincidence that the 1st respondent has not at any point raised an issue against ZEC.
14:08 – Mpofu says he does not even have to accuse the 1st respondent [President Mnangagwa] in arguing for the setting aside of the declared election results, as he benefitted from ZEC’s ‘malpractices’.
13:55 – Mpofu insists that there was no need to open the ZEC residues given the evidence they have, which is that the figures provided by ZEC which do not tally.
13:47 – Cornered on why Nelson Chamisa’s MDC Alliance did not choose to have the ballot boxes opened, Mpofu says most of their arguments have nothing to do with the revisit to the residue, citing differences in presidential and parliamentary tallies, as one example.
13:44 – Justice Patel tells Mpofu that the best way to establish V11s were manipulated was to see those V11s in the first place. Justice Gwaunza then asks what is the percentage of V11 forms Mpofu has cited in relationship to the alleged polling station manipulation.
13:35 – Mpofu says according to the EU Observation Mission v11 forms were not posted outside some polling stations, and CJ Malaba asks him to name the specific polling stations, but Mpofu is unable to do that.
13:21 – Mpofu presents to the court signed but unpopulated v11 forms, saying this is evidence that ZEC rigged the elections. He says the sealed ballot boxes are already ‘poisoned.’
13:14 – CJ Malaba asks the applicants why they would want to rely on the secondary data, when the primary data is available.
13:10 – Adv. Hashiti, also representing Chamisa says the admission to errors by ZEC means that the whole process is compromised and the election result should be set aside.
13:02 – Mpofu also alleges that the postal voting was not done in accordance with the law, saying ZEC does not dispute that there was a mock voting in police stations. Mpofu adds that according to the law, those who apply for postal voting should have their ballot papers posted to their homes so that they vote independently, saying this did not happen.
13:00 – Mpofu says out of the 60000 teachers who participated in the electoral process as polling officers, about 20 000 voted and ZEC could not file affidavits of all those who opted to forgo their right to vote.
12:57 – Mpofu says contrasting pattern of results at adjacent polling stations raises suspicion of rigging.
12:56 – There are at least 16 polling stations with identical results.
12:46 – Mpofu says some votes came from non-existent polling stations.
12:42 – Mpofu says the presidential and parliamentary tallies creates over 40700 votes for the presidential race.
12:36 – On election results, Adv. Mpofu says the fact that ZEC has already accepted that the first set of results is wrong, it must then follow that the electoral commission has no primary data to support those results. He adds that three sets of results given by ZEC are wrong.
12:36 – Mpofu says there was a skewed media coverage environment and the Voters Roll given to the applicant was not the one used on the day of the elections. He adds that ZEC admits to making at least five errors.
12:35 – Mpofu starts by speaking about the pre-election process and says the environment favoured Zanu PF.
12:30 – Now Mpofu gives submissions on the real case.
12:26 – The ConCourt bench rules that the submissions by respondents 5, 6,17 and 20 are dismissed. “The submissions by the 5th, 6th, 17th and 20th respondents are not properly before the court..the papers have been expunged from the record with no order as to costs. Reasons for the decision shall be contained in the main judgment,” CJ Malaba.
12:25 – We are back again in the courtroom.
12:03 – We have a 20 minute break as judges deliberate on submissions by parties. ZEC and Zanu PF lawyers want the court to dismiss submissions of respondents supporting Chamisa, while Chamisa’s lawyer and the respondents want to be heard. The verdict now rests with the ConCourt bench.