11:54
The court adjourns for 20 minutes to deliver judgement on preliminary issues
11:48
The respondents are trying to bring their own application through the back door and they must be struck off, adds Kanengoni
11:47
Those papers should be disregarded by the court, they are out of court and they are out of time, says the ZEC lawyer
11:47
The respondents are presenting a counter application under the guise of opposing papers, says Kanengoni
11:47
Respondents cannot apply through opposing papers to challenge the results of the presidential elections as they had the seven day period to seek that relief that they are now seeking in their opposing papers. – Kanengoni
11:46
Kanengoni says the papers filed by some respondents are not in essence opposition papers but founding affidavits
11:46
Zimbabwe Electoral Commission attorney Tawanda Kanengoni takes to the stage
11:45
These respondents are not proper respondents, the interest that we relate to is a legal interest. The law defines a respondent as a person whose position arising out of an election is complained of. – Uriri
11:41
In Brief
Zimbabwe’s Constitutional Court on Wednesday began to hear an opposition petition seeking to overturn the presidential election result, in a legal challenge seen as unlikely to succeed despite allegations of vote fraud.
The Movement for Democratic Change (MDC) has accused the ruling Zanu-PF party and the election commission of rigging the July 30 vote, Zimbabwe’s first poll since the ousting of Robert Mugabe last year.
Chief Justice Luke Malaba opened the televised proceedings in Harare, where the court premises was surrounded by high security. Mugabe’s successor, Emmerson Mnangagwa, won the election with 50.8% of the vote – just enough to avoid a run-off against the MDC’s Nelson Chamisa, who scored 44.3%.
“It’s D-Day for us. Our team is ready. We have got all the evidence to prove in court that our position is correct – our party won the elections,” MDC national chairman Morgan Komichi told reporters outside the courtroom. – AFP
11:34
Uriri says the respondents are in fact applicants because they are aggrieved candidates who lost in the elections
11:33
Uriri says the other respondents should have filed separate applications challenging Mnangagwa’s victory
11:32
Uriri says the purpose of a notice of opposition is to oppose an application adding a substantive relief cannot attach through a notice of opposition
11:28
Mnangagwa’s lead attorney Advocate Lewis Uriri takes the stage
11:26
Mpofu says there is nothing that stops the court from treating respondents who are not opposing the application as co-applicants
11:24
The attitude adopted by a respondent is his alone, says Mpofu
11:23
Mpofu says once it is accepted that we are dealing with an application not a petition, it means that all the cited persons have the right to respond
11:21
Chamisa’s lawyer Thabani Mpofu takes the stage
11:19
“Mangoma cannot be put out of the court because he was at high risk if he had not filed his response therefore he must be heard,” says his lawyer Manjengwa
11:16
Presidential candidate Elton Mangoma’s lawyer says the duty of the court is to enquire and when it comes to electoral petitions the court must move away from traditional strict practice in order to reach a decision that is informed