The Constitutional court of Zimbabwe has dismissed MDC Alliance application of challenging Emmerson Dambudzo Mnangagwa’s victory over last month’s presidential elections, duly announcing the latter as the winner.
According to the Electoral Act, Mnangagwa-winner of the polls is expected to be inaugurated within 48 hours.
In delivering his judgment today, Chief Justice Luke Malaba said allegations raised in Chamisa’s application lacked substantive evidence.
CJ Malaba pointed out that Chamisa’s lawyer, Advocate Thabani Mpofu, failed to factually prove Mnangagwa did not reach the 50%+1vote threshold.
“According to the electoral act, the honours and burden of proof lie solely with the applicant to prove to the satisfaction of the court the irregularities and misconduct that can warrant the relief sought.
“The applicant, through his counsel, raised a number of allegations but could not sustain them through particular and specific evidence. Applicant gave a bold and unsubstantial challenge that the results were manipulated, claiming it was a poisoned chalice. The best evidence would have been in the ballot boxes, where a recount of the ballot papers would have been sought within 48 hours of voting,” said CJ Malaba.
He added “The allegations made announced the results obtained did not reflect the true will of the people. The applicant alleged several irregularities relating to voter packets, polling station returns, inflation of votes, over voting, ghost voting among others.
“Applicant alleged there are numerous teachers who were denied the opportunity to vote. However, there are no teachers who came forth claiming they were registered voters who were denied to exercise their right. There is no evidence too that these teachers would have voted for the applicant,” he said.
In the elections held last month, Mnangagwa won the election by 50.67% against Nelson Chamisa who had 44.3%.