Full Judgement Sheds No Light on the ConCourt’s Decision – Raises New Questions About Judicial Independence.
The MDC and President Chamisa’s supporters note with grave concern and rejects today’s evidently lazily produced final decision of the Constitutional Court to endorse a patently sham election. The decision simply sought to entrench an illegitimate regime.
https://youtu.be/zDJF69sv-v4
While we should respect the Court, we still cannot accept its manifestly unjust decision.
On objective grounds, the judgement was against the 2.6m people who voted for President Nelson Chamisa and in favour of an illegitimate regime, whose leader clearly lost the presidential election, beyond reasonable doubt. The response of the economy and all investors are a testimony that no one believes in the clear fraud that this court imposed on Zimbabwe.
The shoddy 137-page judgement produced over 15 months proves what we have known all along, that our judiciary and our chapter 12 institutions are not fit for purpose. They are not independent, not impartial and not transparent. The poor nature of such a shockingly short and detail-starved judgement, prove that that Chief Justice Luke Malaba had no interest in affording our President, Advocate Nelson Chamisa, a fair hearing. Chief Justice Malaba’s approach was to find any excuse to declare Emmerson Mnangagwa President while trampling on justice, in the judgement he still fails to explain why:
1. He refused our ZEC server subpoena without considering it and without any legal basis. No reasons were given for denying us access to this critical primary evidence.
2. He directed the Registrar to reject our bundles which contained additional evidence.
3. He harassed our legal representative, interjecting over a dozen times, while he allowed the legal representatives of the 1st and 23rd respondents to present their arguments without interruption.
In the circumstances, the national question before us is clear: can an entire generation be cheated out of its constitutional rights, out of happiness and opportunity by a handful of corrupt men who are way past their sell-by date? The answer is invariably no. We will not congratulate criminals, nor will we accept that they have won anything. The truth cannot be set aside for the purposes of the convenience of power grabbers.
Our message to Mr. Mnangagwa is clear: You can rig the elections. You can capture ZEC. You can capture judiciary. But you will never capture the people or the economy. Their will shall prevail. The people shall govern!