16:06 – CJ Malaba ends by thanking the lawyers’ integrity during the proceedings and the people of Zimbabwe for the confidence they have in the judiciary.
16:03 – Therefore, the application is dismissed with costs and Emmerson Mnangagwa is the duly elected President of the Republic of Zimbabwe.
15:54 – CJ says the unpopulated V11 forms presented by the applicant were fake and were meant to mislead the court.
15:50 – CJ says it is the court’s view that the applicant needed more evidence than just the mere admission by ZEC.
15:48 – CJ: ZEC made a critical admission that the results initially announced were wrong and as such some minor corrections to the clerical errors, and that the correction had no effect on the declaration of the winner.
15:46 – CJ says had the applicant placed all the V11 forms from all polling stations before the court, that would have addressed the allegations of over voting,the differences in presidential and parliamentary tallies and the probability of some polling stations having similar results.
15:45 – CJ says had the applicant placed all the V11 forms from all polling stations before the court, they would have been easily compared to residue in sealed ballot boxes and that would have addressed the allegations of over voting, the differences in presidential and parliamentary tallies, the allegation of a last minute upsurge in votes in some provinces and the probability of some polling stations having similar results.
15:39 – CJ Malaba says the vote of millions of people in an election is what the court is mandated to guard jealously.
15:38 – CJ Malaba says the best evidence is the ZEC residue, specifically the sealed ballot boxes, which the applicant should have sought to have opened and ballots recounted within 48 hours after declaration of results.
15:34 – CJ says the applicant made general allegations with no substantial proof of evidence.
15:33 – CJ Malaba says the applicant failed to provide direct and substantial evidence to allegations of vote rigging, which would be sufficient for the court to invalidate the election.
15:27 – CJ Malaba lists the allegations by the applicant and said in this case, the burden of providing evidence lied with the applicant.
15:21 – Chief Justice Malaba says Nelson Chamisa breached the court rules on deadlines but due to the national importance of the matter the court decided to grant application for condonation.
15:20 – CJ says the applicant’s petition was filed on the last day (the 7th day after declaration of full results) as permitted by the law but the papers were served to respondents on the 8th day, which was in breach of the the law.
15:17 – CJ says applicant sought that:
- I) Presidential election was not conducted in accordance with the law and was not free and fair. II) Election results & declaration announced by ZEC is declared unlawful and set aside.
III) That the applicant be declared the winner.
15:14 – The CJ starts by giving the background of the case from the day the elections were held, results released and when Chamisa filed a
15:12 – Chief Justice Luke Malaba delivers the judgement of the Constitutional Court on the election results challenge by MDC Alliance’s Nelson Chamisa.