All You Need To Know About Chamisa’s Court Application
10 August 2018
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MDC Alliance leader, Nelson Chamisa, today filed his  court papers on the challenge against the election results announced by Justice Priscilla Chigumba last week.

The petition was filed at the Constitutional Court Friday afternoon as the building was swamped by journalists.

The filing of today’s application means that ZANU PF leader, Emmerson Mnangagwa’s inauguration previously scheduled for Sunday the 12th of August, will not be possible until the court passes a verdict on the matter.

The winner, the President-elect’s inauguration will take place forty-eight hours after the announcing of the Constitutional Court’s decision on the challenge.

Legal experts from the Veritas organisation say, the Constitutional Court has 14 days from the day the presidential challenge is lodged to render a decision. The decision, in this case, is final. The Constitutional Court can decide on the matter in the following ways:

  • it can declare a winner, which means it can confirm ZEC’s declaration or declare Chamisa the winner
  • it can invalidate the election, like what happened in Kenya, in which case a fresh election must be held within 60 days – note this probably means a new election rather than a run-off, or
  • it can make any other order it considers just and appropriate. This is very broad, and could cover:
  • on ordering a run-off election, if the court finds that none of the candidates, in fact, gained 50 per cent or more of the votes.
  • on ordering a recount of the votes, if the applicant has asked for this.

Meanwhile, Zanu-PF has announced it has assembled a 12-man legal team to respond to the challenge. Said its legal secretary Patrick Chinamasa, “Zanu-PF has assembled a 12-member legal team to prepare responses to the unwarranted litigation being threatened by the MDC Alliance leader Nelson Chamisa challenging the validity of the Presidential vote. Zanu-PF will defend the will of the Zimbabwean people as expressed through free, fair, transparent and credible elections that took place on 30 July.”