2018 Zimbabwean presidential election petition
| Zimbabwe Presidential Election Petition, 2018 | |
|---|---|
 Coat of arms of Zimbabwe | |
| Court | Constitutional Court of Zimbabwe |
| Full case name | Chamisa v Mnangagwa & 24 Others (CCZ 42/18) [2018] ZWCC 42 (24 August 2018) |
| Court membership | |
| Judges sitting | Chief Justice of Zimbabwe Luke Malaba (Deputy CJ) Elizabeth Gwaunza (JCC)Rita Makarau (JCC)Paddington Garwe (JCC)Chinembiri Bhunu (JCC)Baratkumar Patel (JCC)Ben Hlatshwayo (JCC)Tendai Uchena (JCC)Lavender Makoni |
| Case opinions | |
| In a unanimous judgement, the nine judges ruled against the opposition's petition stating that it did not include sufficient evidence to nullify or invalidate the presidential poll results(per) 110 (3)(i) (of The Constitution of Zimbabwe Amendment (No. 20) Act, 2013) | |
| Decision by | CJ Luke Malaba, joined by unanimous |
The 2018 Zimbabwe Presidential election petition aimed to overturn the Zimbabwe's presidential elections results which declared Emmerson Dambudzo Mnangagwa as victor. The election was held on Monday, 30 July 2018.[1]
Background
[edit]On 20 August Movement for Democratic Change Alliance (MDC Alliance) president Nelson Chamisa filed an official challenge of the results of the election.[2][3] On August 3, Emmerson Dambudzo Mnangagwa was declared winner of the elections with 50.8 per cent of the total votes cast to Mr Chamisa's 44.3 per cent.[4] Nelson Chamisa disputed the results.[5][6]
Chamisa's election petition
[edit]
Political experts said that the appeal faces difficulties because of Zimbabwe's political scene and Judicial idiosyncrasies citing that the Judges' own values, perspectives, and secret personal and monetary interests plays a considerably more decisive role with regards to managing the argumentative issues[7] Some political examiners anticipated that the lawful test had minimal shot of achievement.[8]
Respondents
[edit].jpg)
President Mnangagwa alongside the other 21 losing presidential hopefuls and ZEC were altogether referred to as respondents in the prominent request by the MDC Alliance Leader. In his reaction recorded, Mnangagwa contended that there was no substantial election appeal.[9][10][11]
| Emmerson Dambudzo Mnangagwa | First Respondent |
| Joseph Busha | Second Respondent |
| Melbah Dzapasi | Third Respondent |
| Nkosana Moyo | Fourth Respondent |
| Noah Manyika | Fifth Respondent |
| Harry Peter Wilson | Sixth Respondent |
| Taurai Mteki | Seventh Respondent |
| Thokozani Khuphe | Eighth Respondent |
| Divine Mhambi | Ninth Respondent |
| Lovemore Madhuku | Tenth Respondent |
| Peter Munyanduri | Eleventh Respondent |
| Ambrose Mutinhiri | Twelfth Respondent |
| Timothy Johannes Chiguvare | Thirteenth Respondent |
| Joice Mujuru | Fourteenth Respondent |
| Kwanele Hlabangana | Fifteenth Respondent |
| Evaristo Chikanga | Sixteenth Respondent |
| Daniel Shumba | Seventeenth Respondent |
| Violet Mariyacha | Eighteenth Respondent |
| Blessing Kasiyamhuru | Nineteenth Respondent |
| Elton Mangoma | Twentieth Respondent |
| Peter Gava | Twenty-first Respondent |
| Willard Mugadza | Twenty-second Respondent |
| The Chairperson of the Zimbabwe Electoral Commission | Twenty-third Respondent |
| The Chief Executive Officer of the Zimbabwe Electoral Commission | Twenty-fourth Respondent |
| Zimbabwe Electoral Commission | Twenty-fifth Respondent[12] |
Judges
[edit]MDC Alliance leader Nelson Chamisa's election petition was adjudicated by the 9 judges of the Constitutional Court. Led by Chief Justice Luke Malaba, the case was presided over by the following judges.[13]
- Elizabeth Gwaunza Deputy CJ
- Rita Makarau JCC
- Paddington Garwe JCC
- Chinembiri Bhunu JCC
- Baratkumar Patel JCC
- Ben Hlatshwayo JCC
- Tendai Uchena JCC
- Lavender Makoni JCC[12]
Pre-Case Hearing
[edit]The trial observation mission evaluated the procedures of the petition as far as consistence with regional and global human rights law and principles.[14] Prior to the petition hearing ruling party asserted the issue ought to be rejected in light of the fact that the MDC Alliance vacillated at law by not serving papers to Mnangagwa on time or to his correct address.[15][16] The ruling party Zanu-PF said it had picked a team of 12 attorneys for the case documented by Mr Chamisa while Chamisa's leading Lawyer, Adv Thabani Mpofu said his team had adequate proof to turn around the result of the polls.[4]
Case Hearing
[edit]Both Legal advisors for Mnangagwa and the ZEC dismissed the allegations and said Chamisa had failed to provide tangible evidence.[17]
Ruling
[edit]During the case ruling CJ stated that the complaint consisted of general allegations. No allegations of an individual direct control of the procedure was advanced against the first Respondent. All claims were made without identity and particularity. He expressed that no verification or proof was offered, stressing that the court decides matters dependent on facts and proof set before it.[3] Summarizing the unanimous ruling, Chief Justice Luke Malaba said that "the applicant has failed to place before court clear, direct, sufficient and credible evidence" of irregularities and fraud during the presidential vote.[18] Therefore, in terms of section 93(4)(a) of the Constitution of Zimbabwe, Emmerson Dambudzo Mnangagwa was declared the winner of the election.[19][12]
Aftermath
[edit]Mnangagwa's swearing in ceremony was held on 26 August 2018.[6][20] After Mnangagwa was officially sworn in as the President of the Republic of Zimbabwe, some people called for coalition government.[21][22]
References
[edit]- ^ "Zimbabwe main opposition ready to challenge July 30 polls in court". Africanews. 7 August 2018. Retrieved 27 March 2019.
- ^ "Zimbabwe's Chamisa challenges election result; inauguration halted". Reuters. 10 August 2018. Retrieved 27 March 2019.
- ^ a b "Full Ruling: Constitutional Court Verdict On Nelson Chamisa's Presidential Petition". Harare Blitz. 26 August 2018. Archived from the original on 27 March 2019. Retrieved 27 March 2019.
- ^ a b "Chamisa files petition challenging Mnangagwa's win". The East African. Retrieved 27 March 2019.
- ^ "Zimbabwe 2018 vote: Mugabe, post-election crisis, failed poll petition". Africanews. 30 August 2018. Retrieved 27 March 2019.
- ^ a b "Chamisa election petition latest". Zimbabwe Today. 20 August 2018. Retrieved 27 March 2019.
- ^ "Chamisa's Presidential Petition Analysed". Kubatana.net. 14 August 2018. Retrieved 27 March 2019.
- ^ "Chamisa lodges Constitutional Court appeal against election result". NewZimbabwe.com. 10 August 2018. Retrieved 27 March 2019.
- ^ "Chamisa election petition latest". The Herald. Retrieved 27 March 2019.
- ^ Nemukuyu, Daniel (20 August 2018). "Zimbabwe: Chamisa Election Petition Latest". The Herald (Harare). Retrieved 27 March 2019.
- ^ "Live Updates: Zimbabwe election petition". Bulawayo24 News. Retrieved 27 March 2019.
- ^ a b c "Chamisa v Mnangagwa & 24 Others (CCZ 42/18) [2018]". 24 August 2018.
- ^ "PICS: Meet the Judges presiding over Chamisa Petition". iHarare News. 22 August 2018. Retrieved 27 March 2019.
- ^ "Zimbabwe: jurists begin Trial Observation Mission in the Presidential Election Petition". International Commission of Jurists. 22 August 2018. Retrieved 27 March 2019.
- ^ Goba, Cynthia (12 August 2018). "'Chamisa's election petition was late, he also served papers at wrong address'". My Zimbabwe News. Retrieved 27 March 2019.
- ^ "'Chamisa election petition was late'". The Sunday Mail. Retrieved 27 March 2019.
- ^ "Zimbabwe ConCourt set to rule on presidential election petition". IOL News. Retrieved 27 March 2019.
- ^ "Top Zimbabwe court confirms Mnangagwa's presidential election victory". Reuters. 25 August 2018. Retrieved 27 March 2019.
- ^ "Zimbabwe: Emmerson Mnangagwa sworn in as president". The Guardian. Reuters. 26 August 2018. ISSN 0261-3077. Retrieved 30 January 2020.
- ^ "Zimbabwe 2018 vote: Mugabe, post-election crisis, failed poll petition". Africanews. 30 August 2018. Retrieved 27 March 2019.
- ^ "Zimbabwe: Emmerson Mnangagwa sworn in as president". The Guardian. Reuters. 26 August 2018. ISSN 0261-3077. Retrieved 27 March 2019.
- ^ Mugabe, Tanya (26 August 2018). "Zanu PF official speaks on GNU with Chamisa, reveals why Chiwenga declared that ED's win would not be reversed by courts". My Zimbabwe News. Retrieved 27 March 2019.