By Paul Nyathi|President elect Emmerson Mnangagwa will only be inaugurated after the opposition MDC Alliance is satisfied through a possible court challenge that he did not rig the elections with the assistance of the Zimbagwe Electoral Commission, ZEC, presidential spokesperson George Charamba has concurred.

This dispels social media messages that the Mnangagwa would be sworn in on Monday at the National Sports Stadium, a claim that is in direct violation of the Constitution.

In an interview with state media at the weekend, Charamba said the Government will follow the law on the inauguration processes.

“Government does not announce its programmes through the social media,” he said. “If the date has been set we will announce. How do you know that there won’t be a challenge to the results? We wait for the seven days to lapse, if there is no legal challenge to the result, then naturally we will announce the date.”

Section 93 of the Constitution states that any aggrieved presidential candidate may challenge the validity of an election by lodging a petition or application with the Constitutional Court within seven days after the date of the declaration of the results of the election.

“The Constitutional Court must hear and determine a petition or application under subsection (1) within 14 days after the petition or application was lodged, and the court’s decision is final,” reads Section 93 (3).

The Constitution states that in determining a petition or application, the Constitutional Court may declare a winner or invalidate the election in which case a fresh election must be held within 60 days after such a determination.

The supreme law of the land says in the event that there is no court challenge, a President-elect must take an oath of office on the ninth day after being declared the winner.

It also says in the event of a court challenge, a President-elect must be sworn in within 48 hours after the Constitutional Court has declared him or her to be the winner.

Constitutional lawyer Professor Lovemore Madhuku said the Cabinet continues to carry out its duties before new ministers are sworn in.

“For the President, there is one way of leaving office, but for ministers there are two circumstances,” he said.

“If a new President is sworn into office who is different from the President who appointed them, they immediately cease to hold office.

“But if the person who is sworn into office is the same person who was President before, then ministers do not lose their office until he appoints a new Cabinet