DIVISIONS have reportedly rocked President-elect Emmerson Mnangagwa’s legal team after it emerged that some of his lead lawyers gave him a wrong interpretation of the operations of the law regarding MDC Alliance leader Nelson Chamisa’s Constitutional Court (ConCourt) presidential election challenge.

Highly-placed sources in the legal fraternity told independent run Newsday newspaper on Tuesday that Mnangagwa had pencilled his inauguration on August 12, following advice from one of his lead counsels and was now seeking to argue before the courts that Chamisa’s petition was filed out of time.

“These arguments are embarrassing to the legal team, clear misreading of the law and misinformation being given to the President as advice is now frustrating other members of the team,” the source said.

The discrepancies were highlighted in a 17-page document prepared for Mnangagwa by Lewis Uriri, titled Ex Parte: Emmerson Dambudzo Mnangagwa, in which he urged his client to disregard findings by the instructing lawyers.

“Whether my instructing attorneys are correct in their interpretation that in view of rule 3 of the ConCourt Rules (2016), the last day of filing of a petition challenges, my consultant’s election as President of the Republic of Zimbabwe is the 16th August 2018,” Uriri wrote.

He added: “Whether my instructing attorneys are correct in their view that no election petition is filed, inauguration day would be Monday the 20th August 2018.
“My opinion and advice: A petition challenging my consultant’s election as President of the Republic of Zimbabwe has the effect of delaying his inauguration up until the 25th of August 2018. He must, in any event, be sworn in no later than the 26th of August 2018”.

The memo showed that the initial advice was that Mnangagwa’s inauguration could only take place on August 20 and the technicality issue being raised by Zanu PF legal affairs secretary Munyaradzi Paul Mangwana that the court papers were filed out of time was reportedly based on Uriri’s interpretation.

Uriri told Mnangagwa that his inauguration date was supposed to be August 12, while Chamisa’s deadline for filing the challenge was August 10, instead of August 16.

“The time for any challenge to my consultant’s election as the President of Zimbabwe lapses at midnight on 10 August 2018. Inauguration day, in the event that no petition is filed, is Sunday the 12th of August 2018,” Uriri said in his advisory note to Mnangagwa.

His legal opinion, which informed the decision by the Zanu PF legal team to present itself at the Constitutional Court on Monday, a public holiday, was that section 93 of the Constitution did not relate to week days.

“Section 93 of the Constitution does not relate to seven week days, it relates to seven days. If the intention was to exclude Saturdays, Sundays and public holidays, the legislature would have said so by using appropriate language. The simple reference to seven days is a reference to calendar days and includes weekends and public holidays,” Uriri said.

Contacted for comment on his advisory note yesterday, Uriri said he was not at liberty to discuss his client’s confidential matters with the Press.

“I note you have attached what purports to be an opinion allegedly given by me to Messrs Mutumbwa, Mugabe and Partners. I neither confirm nor deny that the said lawyers sought my opinion. My relationship with my clients is strictly privileged. I do not and will not discuss their affairs with unauthorised third parties, and certainly not with the Press,” he said.

But law lecturer Valentine Mutatu said if the interpretation by Uriri and Mangwana was correct, they should have filed their responses by August 13.

“If Mangwana and company are correct in their counting of days, if the application was served on Friday the 10th, then the last day of filing opposing papers was the 13th, but that cannot be because the courts, which don’t count the weekends and holidays, are closed. The court can, therefore, not count a day in which it is not possible for you to file papers,” Mutatu said.

Chamisa filed his court application on August 10 and managed to serve Mnangagwa and the Zimbabwe Electoral Commission (Zec) on the same day, according to his chief election agent Jameson Timba.

A lawyer, who refused to be named for professional reasons, said Mnangagwa risked being misled by his legal team.

“It’s clear that the President is being misled by his legal team. He needs to replace them, especially (his point persons). If you look at the history of some of them, besides the case where they are a litigant, you won’t find any case they argued and won that’s worth nothing. The one time they attempted to go to the ConCourt recently ended in a disaster. They misfired procedure,” the lawyer said.

Mangwana approached the ConCourt in case 02/14 representing Boas Mapuva and Zishe Chizani, which case was dismissed on a technicality in judgment CCZ 6/2015.

The court, in a judgment delivered by Justice Elizabeth Gwaunza, admonished Mangwana for failing to follow proper procedure by bringing the matter in an improper manner.

Newsday

A 14–year-old Redcliff boy was killed by crocodiles while swimming in Kwekwe River in Torwood.

Ali Phiri, a Form One pupil at Batanayi High School in Redcliff, was snatched from the jaws of the daring crocodiles by community members, but it was too late as he was already dead.
Ali’s three friends escaped with minor injuries.

The disturbing incident took place on Sunday afternoon. Family spokesperson, Mr Munyaradzi Munikwa who is also newly elected ward 2 councillor confirmed Ali’s tragic death.

“He was swimming in Kwekwe River together with his three friends. We then saw the other two boys coming in a huff informing us about the reptiles having attacked Ali,” narrated Mr Munikwa.
“We had no option but to jump into the water to rescue the hapless boy from the crocodiles which were by now drawing the body into the water.”
The family was still at pains, he said, to learn of the tragic death of the boy who had a promising career in football.

“As a family we are still trying to come to terms with the incident. We are still shocked because Ali died a painful death which was not at all expected,” he said.

About six crocodiles are said to have been spotted in the river and to date they are said to have claimed more than six lives.

“We are calling upon the Parks and Wildlife Department to intervene and do something about these crocodiles before they claim more lives,” Mr Munikwa said.

Burial arrangements were still to be announced . Midlands Provincial Spokesperson Assistant Inspector Ethel Mkwende said she was yet to receive a report on the matter.-state media

A 43-year-old Barclays Bank employee appeared in court facing two counts of forgery and two counts of fraud after he allegedly transferred money from a client’s account into his family’s in order to convert it to personal use.

The complainant in the matter is Barclays Bank.

Cuthbert Kumire appeared before Harare magistrate Mr Milton Serima last week, charged with forgery and fraud. He was ordered to pay $100 as bail and was remanded to August 21.

Prosecuting, Ms Ropafadzo Bosch alleged that on July 25, Kumire, who was on duty at Barclays Bank Msasa forged an inter-account funds transfer document in Yunus Ebrahim Omerjee’s name.

Kumire then allegedly transferred $7 500 from Omerjee’s account number into the one for his cousin, Brighton Moyo’s. From July 26 to July 31, Kumire allegedly transferred the money from Moyo’s account into Agnes Kumire and Gift Chitiyo’s accounts.

On August 1, Kumire allegedly forged another inter-account fund transfer document in Omerjee’s name.

He allegedly transferred $12 500 from Omerjee’s account into Moyo’s account.

From August 2 to 5, Kumire allegedly transferred more money from Moyo’s account into Agnes and Chitiyo’s accounts. – state media

By Local ZimEye Correspondent| There was drama when Chief Chamutsa from Buhera South was chased away from the District Heroes Celebration centre.

The fracas happened in ward 28 near Murambwi river in the afternoon.

During the meeting, Chinotimba caused a stir when he rapturously rose from nowhere and began screaming before the crowd of onlookers.

He then accused Chief Chamutsa and other men present of being sellouts.

Chinotimba publicly announced that all who were supporting independent  candidates be chased away. The elder Chamutsa was humiliated by Chinoz as he was swiftly whisked away by gun wielding police officers.

Among those singled by Chinos were the Chairman of War Veterans in Buhera Cde Mahamba who is from Murambinda, and Cde Chapeyama who is from Mutiusinazita.

The event turned up to be a Zanu PF function as no other parties were allowed there.

Things only calmed down when Chief Nyashanu rose up to condem Chinoz.

While giving his vote of thanks, Chief Nyashanu said, “we strongly condemn Cde Chinotimba’s behaviour as it incites public violence during this period.”

By A Correspondent| Bailed alleged “fraudsters” who are still on the dock for a brazen attempt to defraud a local Chinese national of land and other assets, have shown no regards of the law, defiantly interfering with the complainant’s business and the property in question.

Earlier in May, Frera Washington(38), Tom-Baris Vincent(57) and Ngoshi Norman(42) were arraigned before Magistrate Ms Tilda Mazhande on allegation of faking agreement of sale papers, Company registration documents and a non-existent mine claim in bid to defraud of Ms Yan Yu of her and late husband’s company Shomet Industrial Holdings (Private) Limited and its assets. They are on bail with weekly signing at the CID Harare, among other stringent conditions.

The trio are alleged to have filed a fraudulent Change of Directors with the Company Registrar’s office sometime after the death of Zhaosheng Wu, resigning the other Directors without resolution and or their knowledge and authority in bid to take over ownership of Shomet Industrial Holdings (Private) Limited.

The trio, now with the assistance of one Mr Blesert Tawodzera, a briefcase land developer and Witness J Zamanga aka Thumelo who owns Hayes Constructions and alleged to have had been awarded the development contract at the time the trio hatched a plan to defraud Ms Yan Yu despite being on bail for the fraud and with all evidence stacked against them continue to interfere with Shomet Industrial business and brazenly used the same forged documents to try to convince Waterfalls ZRP Police they are the owners of one of Shomet’s properties.

A white Toyota Hilux Double cab belonging to Tawodzera has frequented the site and he alongside Zamanga and the accused trio made numerous threats to Shomet Industrial Holdings (Private) Limited’s handyman at the Prospect property.

Tawodzera and Zamanga have been linked in numerous foiled projects in the past, including a land development project in Norton where
they committed a landowner to a development contract when they neither had nor could prove capacity to meet the contract resulting in them losing the contract through a court nullification. In mitigation, Shomet has approached the Commercial Crime CID who are liaising with the
Prosecutor General on merits of having the criminals’ bail conditions reconsidered. A cautionary Notice has been issued to the public who may have any dealings with the above individuals to report to the Harare CID Police immediately.

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WHAT ON EARTH! – Why Is Mnangagwa Speaking Like A Snail Today?

— ZimEye (@ZimEye) August 14, 2018

 

“General vanotaura zvakachangamuka pane zvirikuitwa nemuDhara wepaKwekwe,” said Frank Partson.

“Hakuna president akadai!,” wrote Nyamasvisva Jaure Wacho.

“After all the practice he still cannot read. Is this the president you want Zimbabweans? Wake up mhani,” added Gheetah Patel.

MORE COMMENTS BELOW:

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By Farai D Hove| President Emmerson Mnangagwa yesterday blamed the massacre of civilians in Harare (on the 2nd August) on MDC Alliance leader, Nelson Chamisa.

Mnangagwa was speaking at the national heroes acre while commemorating the Heroes Day.

Said Mnangagwa: “We however condemn the MDC Alliance inspired violence, post our free and fair elections, which resulted in the death of innocent citizens.

“May their souls in eternal peace. I have instructed a commission of enquiry to investigate the matter.

“It is now time to put the election period behind us and embrace the future…” WATCH THE LIVE VIDEO BELOW :
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The exiled Prof Jonathan Moyo has indicated he is soon dropping a bombshel expose’ that shows that ZANU PF leader Emmerson Mnangagwa has tampered with judicial independence.

Wrote Moyo: “B.S.There’s no separation of powers PR they are selling here. It’s a disaster. Wait until you read a scandalous confidential opinion given to Mnangagwa by Lewis Uriri & which, because #godisinit, has found its way into the public domain. They have tied themselves up in knots!”

Below was his tweet:

B.S.There's no separation of powers PR they are selling here. It's a disaster. Wait until you read a scandalous confidential opinion given to Mnangagwa by Lewis Uriri & which, because #godisinit, has found its way into the public domain. They have tied themselves up in knots! https://t.co/PeqsIxlqgU

— Prof Jonathan Moyo (@ProfJNMoyo) August 13, 2018

By Paul Nyathi|Government has appointed a three-member commission to preside over the affairs of Harare City Council before the swearing in of a new council. The caretaker commission was appointed in terms of section 80 of the Urban Councils Act.

The commission is chaired by Bella Manyakara. The other two members are Shingai Mutumbwa and one C Kampila.

“The commission will preside over Harare on an interim basis until the new council is sworn in. The commission will not make any far reaching decisions on behalf of council without consulting Government and shall not engage in land/ stands allocations,” Harare City Council said in a notice.

Pressure has eased on embattled businessman Wicknell Chivayo after High Court bail-judge Benjamin Chikowero observed that the state’s case “was weak”.

This followed a $5 million fraud charge against the Intratrek Zimbabwe (Intratrek) founder and related to his 100 megawatt Gwanda solar power project with the Zimbabwe Power Company (ZPC).

In granting Chivayo a $2 000 bail, Chikowero was certainly convinced by the accused’s lawyers – advocate Lewis Uriri and Wilson Manase – that the lower court had conceded “there was no misrepresentation because Intratrek had been freely awarded a tender by the State Procurement Board and subsequently signed a contract with ZPC”.

Even, though, the rotund businessman had been denied freedom by magistrate Elisha Singano on the basis that he was a flight risk, the defence team also vigorously pursued or advanced the viewpoint that “the essential elements of fraud and money laundering were non-existent as the source of the money was known”.

Uriri, it is said, argued that the Intratrek deal “was purely a business transaction based on contractual provisions and obligations”, and ZPC “could seek remedy and enforce the matter through civil proceedings”.

Crucially, the presumption of innocence must apply and work in Chivayo’s favour.

And as part of his bail conditions, the 39 year-old businessman was ordered to report twice weekly to the Criminal Investigations Department’s frauds squad and surrender title deeds to his Borrowdale house.

DailyNews

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Today we as a nation commemorate our heroes. As I have observed on previous occasions, there is hardly any Zimbabwean family that did not participate in the effort for the liberation of our country. It follows, therefore, that this day, Heroes Day, is a day for ALL Zimbabweans.

Let us all, therefore, join in the commemorations, in our own way and in our own spaces, as we feel appropriate. Let us be cognisant that those lying at the Heroes Acre are but a representative sample of a lot more unsung heroes. We must salute them all on this day. To all those who paid the ultimate price for the liberation of our country, we will never forget your sacrifice.

May this day serve as a point of reflection by all who are living, as to whether we have stayed true to the cause for which they gave their lives.

– Nkosana Moyo President APA.

MDC-Alliance member and outgoing Bulawayo South legislator Mr Eddie Cross says Mr Nelson Chamisa, who intends to challenge the Presidential election result, is wasting his time as the outcome of Monday’s harmonised election is a true reflection of the people’s will.

The July 30 elections, he said, were the most democratic elections ever held in the past 18 years.

The 78-year-old politician, who predicted Cde Emmerson Mnangagwa’s victory before the polls, said it is time the country gets down to business.

In an interview with The Sunday Mail yesterday, Mr Cross said he doubts the courts will overturn the election results if the MDC-Alliance goes ahead with its challenge.

“Let’s get down to business and start rebuilding Zimbabwe. We must work together and I have no doubt about the outcome. Zimbabwe has the potential to move forward and together in peace and unity, we can achieve that.

“I doubt that the courts will overturn the results. The people spoke and their will has to be respected. These were the most democratic elections since 2000,” said Mr Cross.

Mr Cross urged President Mnangagwa to put together a competent Cabinet to turn around the economy.

Last week, the Zimbabwe Election Support Network endorsed both Presidential and Parliamentary results and said that their figures where tallying with those released by the Zimbabwe Electoral Commission.

Zimbabwe Situation.

2018 Heroes Day Commemoration Statement By Advocate Nelson Chamisa
President of the MDC Alliance
Monday, August 13, 2018

LEST WE FORGET… ONE PERSON ONE VOTE IS OUR FOREBEARS’ LEGACY

On 13 August 2018, Zimbabwe once again pays tribute to its gallant sons and daughters, whose selfless and exemplary contribution during Zimbabwe’s protracted liberation struggle is the reason our country attained its Independence in 1980.

We are a nation of heroes and heroines. A nation of warriors. Warriors of peace.

The commemoration and celebration of our country’s heroes and heroines is a fitting time to take stock of how far we have gone as a country towards making the values and ideals of Zimbabwe’s liberation struggle a living reality for our country and everyone who lives in it. What have we achieved? What is our deficit?

It is notable that we are commemorating this year’s edition of Heroes’ Day two weeks after holding a historic general election, whose national spirit is reminiscent of the 1980 election that founded our country’s First Republic under the Lancaster House Constitution as an expression of our country’s heroic liberation struggle.

The unsatisfactory, and in fact scandalous, way this election was conducted is an indictment of the ruling elite, who have monopolised state politics in our country for 38 years, and a betrayal of the heroes and heroines who made an independent Zimbabwe possible in 1980.

As in 1980, Zimbabwe today is on the brink of the end of an era; after 38 turbulent years of Independence during which the fundamental values and ideals for which our country’s heroes and heroine paid the ultimate price have remained elusive.

Section 3 of our new 2013 people-driven Constitution, which replaced the Lancaster Constitution, stipulates the founding values and principles of a new Zimbabwe, the Second Republic. One of the key founding values and principles of a new the Second Republic, is a multiparty democratic political system.

This system has eluded Zimbabwe for 38 years and yet it was one of the main grievances of the liberation struggle that our heroes and heroines fought for under the banner of “one person one vote”.

The time has come to commemorate and honour the heroes and heroines of the liberation struggle by defending the one ideal and value they selflessly fought for: one person one vote. This ideal is part of our Bill of Rights and which is a sine qua non of the multiparty democratic political system envisaged in Section 3(2)(a) of the Constitution. It is not possible to achieve this if we allow a militarised clique, that calls itself Zimbabwe’s stockholders, to unleash brute force against unarmed civilians in pursuit of electoral theft.

We must resolutely do everything in our power under our Constitution to say no to fraud and repression either in our electoral politics or our justice system. We must say no to the rule of men, in favour of the rule of law. The will of the people, expressed at the polls, must prevail in honour of our heroes and heroines.

This day, I call upon every Zimbabwean, local or abroad, to take a moment to observe and honour those who lost their lives for this beloved and beautiful country, Zimbabwe. My heart is with all the grieving families of the dear departed. My new Zimbabwe pledge is a people’s republic where everyone’s safety, security and happiness are guaranteed.

To move our country forward we need to be together on liberation values, we have a patriotic duty to ensure that our heroes and heroines did not die in vain. That cannot be read to mean vindictiveness. But those who have sinned against our people must commit to sin no more, this is the pathway to forgiveness. Our nation is broken. Our people are divided. Our society is tormented. Zimbabwe needs truth, healing and reconciliation.

Get ready to smile again, get ready to celebrate. Change is coming. God is in it.

God bless Zimbabwe. God bless you.

Advocate Nelson Chamisa President
MDC

OPPOSITION MDC Alliance leader Nelson Chamisa has claimed that thousands of registered voters sympathetic to him, among them over 40 000 teachers seconded to the Zimbabwe Electoral Commission (Zec) as polling officers, were disenfranchised and systematically denied their voting right while 21 polling stations went “missing” on polling day, two weeks ago.

In his petition filed at the Constitutional Court (ConCourt) on Friday, challenging President-elect Emmerson Mnangagwa’s victory, Chamisa accused Zec of deliberately deploying teachers and other civil servants to polling stations far from areas they were registered to vote.

“I have established that some 40 000 teachers did not vote. A lot more other civil servants who were involved in the elections were similarly disenfranchised,” he submitted in his papers.

Chamisa said this was done despite the fact that there are clear legal provisions for civil servants on government business to exercise their right to vote and alleged this could have been a plan to steal his votes.

“There is no doubt that the attempt to disenfranchise them was meant to affect the opposition vote, otherwise they would have been allowed to vote. In this regard, I make reference to the affidavit filed herewith showing the actual numbers of State employees who were disenfranchised. I once again make the point that the numbers involved materially affect the outcome of the election,” Chamisa said.

The 40-year-old presidential contestant raised concern over how polling stations advertised by Zec just “disappeared” on election day, leaving several registered voters stranded.

“On voting day, 21 polling stations went missing. No explanation for this exists. Further, some polling stations were created in Hurungwe… these two were not part of the list of polling stations received from Zec,” Chamisa submitted.

Given that the maximum number of voters per polling station was 1 000, a total of 21 000 voters could have been denied their right to vote.

In Hurungwe, where the two polling stations were allegedly created, Mnangagwa garnered 5 396 votes while Chamisa got nothing.

“It is interesting to note that a total of 5 396 votes is said to have been garnered by first respondent (Mnangagwa) at the ghost polling station. The figures for the ghost polling station do not compare well with those he garnered at other polling stations. There is clear evidence with respect of manipulation,” he said.

He also raised a red flag over the huge number of assisted voters, citing Masvingo which had a record 65% of polling stations having assisted voters.

“A disconcerting aspect of this election is the number of assisted voters. At 46% of polling stations nationwide, more than 26 people were assisted to vote. In Masvingo at about 65% of polling stations 26 or more people were assisted to vote,” he said.

In these areas, Mnangagwa and Zanu PF won by wide margins against the opposition.

Chamisa accuses Zec of malpractices after the announcement of the results, saying they have been harassing polling officers and moving election residue in a bid to cover up their mistakes.

“Even after the declaration of the result, Zec has involved itself in malpractices which are meant to correct the glaring anomalies that I have referred to above. Polling agents are being forced to change V11 forms,” he said.

Chamisa has since presented before the court affidavits by some of the polling agents allegedly harassed by Zec to change V11 forms after the results were announced. He further alleged that his technical team had been harassed and that affected their preparation for the court challenge.

“My technical team is being harassed amidst so many threats of arrests over trumped-up charges. The environment has been heavily militarised and shows an administration which is afraid,” he said.

Chamisa challenged Mnangagwa to maintain composure if he was confident that he won the election.

“The question to ask is, why should first respondent behave in such a desperate manner if he won the election?” he submitted.

Chamisa presented evidence of votes being counted twice in some polling stations, resulting in Mnangagwa getting 7 703 more votes than was due to him.

“There is also evidence showing that Zec collated results at some polling stations twice, that is to say polling stations were counted twice. I refer the court to annexure L. This created an increase of 9 035 votes. Of those, first respondent was as is the case where all irregularities are apparent the beneficiary. The mathematics shows that he got 7 703, the 7 703 votes do not exist and must be subtracted from his total,” he submitted.

NewsDay

A MINER in Fort Rixon, Matabeleland South died after a mining tunnel at a river bank collapsed on him.

Ndumiso Nkala (24) of Plot 10, Mayfair area died in Insiza River near Lancaster Bridge.

When the river bank tunnel collapsed on the now deceased, he was in the company of a friend Dumezweni Ndlovu (35) of Plot 1, Mayfair.

Ndlovu survived as he went out of the tunnel to collect a torch he had left in his bag outside, some minutes before the tunnel collapsed last week.

Matabeleland South Provincial police spokesperson Chief Inspector Philisani Ndebele confirmed the incident.

“I can confirm the sudden death of a miner who died when sand on a river bank collapsed on him. His father and other villagers retrieved him but he was already dead,” he said.

Chief Insp Ndebele urged members of the public to desist from mining in unsecured shafts.

“In the past we have held campaigns to sensitise miners on the need to ensure their mining operations are safe but accidents continue. Uncertified tunnels or shafts are not advisable to mine on. We urge miners to ensure their mines are inspected regularly,” he said.

A source said Ndlovu had gone out of the tunnel to collect a torch that he had left in his bag when the incident occurred.

“Ndlovu got out of the tunnel to collect a torch from his bag and upon his return, he discovered that the tunnel had collapsed trapping Nkala. Ndlovu rushed back to the village to advise elders.

“He returned with Nkala’s father, Mr Aleck Nkala, among other villagers who retrieved the already lifeless body,” said a source that preferred anonymity.

The matter was reported to the police who attended the scene and no foul play was suspected.

State media

Mabeleland South died after a mining tunnel at a river bank collapsed on him.
Ndumiso Nkala (24) of Plot 10, Mayfair area died in Insiza River near Lancaster Bridge.

When the river bank tunnel collapsed on the now deceased, he was in the company of a friend Dumezweni Ndlovu (35) of Plot 1, Mayfair.

Ndlovu survived as he went out of the tunnel to collect a torch he had left in his bag outside, some minutes before the tunnel collapsed last week.
Matabeleland South Provincial police spokesperson Chief Inspector Philisani Ndebele confirmed the incident.

“I can confirm the sudden death of a miner who died when sand on a river bank collapsed on him. His father and other villagers retrieved him but he was already dead,” he said.
Chief Insp Ndebele urged members of the public to desist from mining in unsecured shafts.
“In the past we have held campaigns to sensitise miners on the need to ensure their mining operations are safe but accidents continue. Uncertified tunnels or shafts are not advisable to mine on. We urge miners to ensure their mines are inspected regularly,” he said.

A source said Ndlovu had gone out of the tunnel to collect a torch that he had left in his bag when the incident occurred.

“Ndlovu got out of the tunnel to collect a torch from his bag and upon his return, he discovered that the tunnel had collapsed trapping Nkala. Ndlovu rushed back to the village to advise elders.
“He returned with Nkala’s father, Mr Aleck Nkala, among other villagers who retrieved the already lifeless body,” said a source that preferred anonymity.

The matter was reported to the police who attended the scene and no foul play was suspected.- state media

State Media – Mr Nelson Chamisa and his MDC-Alliance cannot prove to the Constitutional Court that presidential election results announced by the Zimbabwe Electoral Commission (ZEC) were wrong as they did not make use of a provision in the Electoral Act which allows for the recounting of votes within 48 hours, the Zanu-PF legal team has said.

Mr Chamisa last Friday filed his election petition at the Constitutional Court challenging President Mnangagwa’s victory in the July 30 harmonised elections.

Zanu-PF will this morning file opposing papers against the election petition. In an interview with The Herald yesterday, Zanu-PF secretary for Legal Affairs Munyaradzi Paul Mangwana queried the wisdom of claiming that the election results were wrong without requesting a recount as provided for by law.

Official results from ZEC indicate that President Mnangagwa won the elections with 50,8 percent of the votes cast, beating Mr Chamisa who got 44,3 percent.

In his appeal, Mr Chamisa claims to have won the majority of votes and that the results announced were manipulated.

He, however, did not demand a recount in any offending polling station within 48 hours of the final announcement on August 3, as he was entitled too, in order to prove that the results were wrong.

Section 67 A (1) of the Electoral Act (Chapter 2:13) that deals with Recounting of Votes states that: “(1) Within forty-eight hours after a constituency elections officer has declared a candidate to be duly elected in terms of Section 66 (1), any political party or candidate that contested the election in the ward or constituency concerned may request the Commission to conduct a recount of votes in one or more of the polling stations in the ward or constituency.

“A request for a recount made in terms of subsection (1) shall:

a) be in writing, signed by an appropriate representative of the political party or candidate making their request; and

b)state specifically the number of votes believed to have been miscounted and, if possible, how the miscount may have occurred, and

c) state how the results of the election have been affected by the alleged miscount.”

Mangwana said if the MDC-Alliance was serious about having been robbed of an electoral victory, they would have made use of relevant legal provisions at their disposal.

“They did not make use of that provision. If they felt that the votes were not properly counted, they had the option to request a recount. They cannot prove before the court that the results were wrong as they do not have the correct results,” he said.

Mangwana told ZBC News yesterday that a 12-member legal team was ready for the responses to litigation by Mr Chamisa, with the opposing papers bearing testimony of the party’s commitment to safeguard the interest of the electorate.

“Indeed we shall be filing our opposing papers tomorrow (today) by 10am and we are ready for whatever they are arguing as we are really committed to the case,” he said.

In his much-hyped application, Mr Chamisa is challenging among other things the announcement process. He claims that the results are not credible simply because ZEC chair Justice Pricillah Chigumba delegated the announcement of provincial presidential results to fellow commissioners.

“By our law, results of a presidential election must be announced by the chairperson. In casu, the chairperson delegated, in her presence, the task to all the commissioners. This was in breach of mandatory statutory provisions. No explanation exists for this breach,” his lawyers wrote.

Other irregularities cited by Mr Chamisa’s lawyers include the announcement of results on a provincial basis instead of per constituency.

“In terms of the law, the results of a presidential election must be announced on a constituency by constituency basis. The results that are being challenged were for reasons that have not been stated and which are alien to law announced on a province by province basis,” the application reads.

As a result of the so-called breaches, Mr Chamisa is asking the Constitutional Court to declare him the winner of the presidential elections or alternatively to order a fresh poll.

Tendai Biti has accused Zimbabwean soldiers of sexually abusing MDC Alliance election agents during the July 30 harmonised elections, with some agents in Mutoko telling him such abuse was “rampant” there.

Biti appeared emotional while announcing the cases during a court hearing on Friday.

Zambian immigration authorities rejected a request for asylum by Biti — whose People’s Democratic Party had formed an election alliance with opposition leader Nelson Chamisa’s Movement for Democratic Change (MDC) — after he fled post-election violence and certain arrest in Zimbabwe.

He was deported back to Zimbabwe where he was taken into police custody.

Biti was charged with political violence and falsely and unlawfully announcing results of the election.

State prosecutors did not oppose bail, which was set at $5 000.

If found guilty Biti faces up to 10 years in jail, a cash fine or both.

During a narration of his persecution ordeal which forced him to seek political asylum in neighbouring Zambia, Biti alleged authorities were hell-bent on persecuting him for challenging President Emmerson Mnangagwa’s flawed election win. He said MDC Alliance agents suffered despicable abuse at the hands of the “junta.”

He said it was hard to imagine the outrage that election agents working for the MDC Alliance felt after being sexually abused.

He said the MDC Alliance was doing everything it possibly can to assist the victims, to bring accountability and justice and hopefully to prevent any such cases from recurring in future elections.

He said several election agents from Buhera to Mutoko accused troops of sexual abuse and called for an investigation into the accusations.

Biti told the court that a female representative in Buhera had reported how she was raped and threatened after refusing to sign another V11 form and how most of their male election agents would be sodomised, specifically in Mutoko.

“I felt that the regime which had had just seven months in office had escalated the abuses. There was massive onslaught on our election agents,” Biti said.

“In Buhera, a woman was raped after refusing to sign another V11 form. We were also getting reports of onslaughts on our people being sodomised and raped across the country specifically in Mutoko, but nothing has been done by law enforcement agents in those respects.”

Questions sent to army spokesperson Overson Mugwisi were not responded to at the time of going to Press.

But the military spokesperson clarified at a press conference ahead of elections that they will only assist the Zimbabwe Electoral Commission (Zec) with logistics during elections.

“Our role in the elections is mainly to support the ZRP in their role of maintenance of the law and order in the country before, during and after the harmonised elections. We also remain ready to assist Zec with transport where necessary. Beyond that, the ZDF remains ready to defend our country’s territorial integrity and interests,” he said.

He had earlier said the ZDF had no direct role in the elections.

“We are disturbed by false reports alleging that the ZDF is going to be used by Zanu PF to rig the vote,” he said.

“I want to raise concern over some individuals who mischievously and deliberately portray the execution of our mandate as participating in political campaigns.

“Falsehoods that have been reported include allegations of ZDF deployments in rural areas to intimidate villagers so that they support a certain political party’s chances of winning in the 2018 harmonised elections.

“We urge people who are not sure or doubt the genuine role being played by the ZDF in this election to feel free to check with us and clear their suspicions. If some serving members are participating in the on-going political campaigns, they will be doing so illegally and not as a result of an instruction from their commanders.

“Those with information on such misconduct should provide us with full details of such individuals to enable appropriate disciplinary action to be taken against them. They can also report the suspicious characters to the nearest police station,” he said.

Biti said police officers that handled complaints coming from the opposition elections agents but did not take any action and the matters were never investigated.

Biti condemned the conduct of the military for opening fire on unarmed civilians in a demonstration that rocked Harare on August 1 and defended his comments on the election results.

“Our fears were a repeat of the 2008 experience. I have been a rights lawyer and activist since 1999 and over the years, arrested on countless occasions. My house has been bombed twice but this time the levels of attack were unprecedented.

“What shocked me were reports that soldiers had opened fire on unarmed civilians and seven people died and more than 40 injured,” he said.

“After visiting some of the victims with Advocate Chamisa, we heard horrific stories, stories of men having their privates split by bullets,” he said.

Security forces used disproportionate force to clamp down on post-election protests in Harare on August 1, 2018. Soldiers and riot police were implicated in the deaths of at least six people and serious injuries to dozens more.

Hundreds of soldiers and riot police were deployed across the city, as residents awaited the result of the July 30 national elections.

Scores of soldiers patrolled on foot, indiscriminately beating anyone in sight as two helicopters in military camouflage colours flew several times over the MDC headquarters.

The police confirmed the death of at least six people, though there are fears that the death toll could be higher.

“The heavy-handed response to Zimbabwe’s post-election protests, including firing live ammunition, suggests that the security forces are as abusive as ever,” said Dewa Mavhinga, Southern Africa director at Human Rights Watch

“Prompt, credible investigations are needed so that those responsible can be held to account and future violence is avoided.”

DailyNews

IT is said a cat has nine lifes because of its ability to land on its feet no matter how hard it falls. This may be a myth, but the same can apply to humans, especially politicians.

The world of politics is rife with ups and downs, setbacks — from lapses in judgement to serious misdemeanours — but there are examples of candidates and office-holders who survive them. In this case it applies to one Priscilla Misihairabwi-Mushonga.

Once again, Misihairabwi-Mushonga has found her way into Parliament as a MDC-T proportional representative for Bulawayo, under the quota system that reserves 60 seats for women in the National Assembly.

She and Mildred Reason Dube are the only two candidates from MDC-T that made it into parliament following the July 30 elections.

This development will no doubt surprise her detractors who thought her political career had finally ended after a full-out with the Welshman Ncube le
But no matter what some may think of her, Misihairabwi-Mushonga has had a fascinating political career and from the look of things, will continue to make headlines.

During the government of national unity discussions in 2009 and the constitution-making process consultations, the MDC led by Welshman Ncube was the only party that deployed a woman and she was one of the chief negotiators.

In 2013, Misihairabwi-Mushonga survived MDC’s dismal electoral performance and by a stroke of luck was one of the party’s five candidates, who made it to Parliament.

She was the MDC proportional representative for Umzingwane in Matabeleland South. Her appointment was no easy feat though. She faced resistance from fellow party members and even some of the constituents did not want her as their representative.

As a senior member of the MDC, Misihairabwi-Mushonga served as the party’s secretary-general, but after a fallout with Ncube, she was reduced to an ordinary card-carrying member.

This year, she was dropped by the MDC and excluded from the list of candidates representing the party in the MDC Alliance.

Despite the fact that no formal communication was made by the MDC about the decision to drop her, Misihairabwi-Mushonga insisted she was not bitter.

However, she did step out from the party and said her goodbyes, thanking the MDC for nurturing her politics.

“For all the differences I may have had with some people in the party, this is one party that allowed me as a person to grow in many areas of what has become my political experience,” Misihairabwi-Mushonga said at the time.

After that, she became close to MDC-T leader Thokozani Khupe, who was a victim of sexism and violence emanating from senior members in the main opposition party.

Misihairabwi-Mushonga said she could not relax when another woman was under attack so she had to support Khupe.

She ultimately became Khupe’s chief election agent in the former Makokoba MP’s bid to become the first female Zimbabwean president.

The outspoken legislator does have a knack for courting controversy.

In 2014, Misihairabwi-Mushonga once rubbished politicians in Matabeleland, referring to them as “useless condoms” who had sold out the region.

In 2015, she took a baby to Parliament, carried sanitary wear and used second-hand panties to express her points on issues affecting women.

She was once ejected from Parliament when she crossed the floor apparently to beat up fellow legislator, Justice Mayor Wadyajena.

Misihairabwi-Mushonga has also said that children should not be given their father’s surnames, arguing there was nowhere where it was written that one had to assume the man’s name.

In the same year, Misihairabwi-Mushonga publicly disclosed she was suffering from clinical depression and panic disorder.

“It is not a dark secret. It is true that I was diagnosed with clinical depression and panic disorder for which I am under medication,” she said at the time.

“This is common in people who have gone through trauma. I went through trauma. I went through many things, including that whole process of inheritance battles when my husband died.”

She has continuously urged women to deny their partners sex ahead of elections so that they go to vote.

In the run-up to the elections, she told women not to put on panties while casting their votes.

The Standard

EXPIRED goods, including food items, are being sold openly on the streets of Harare, a situation experts say poses a serious health hazard to citizens. Products such as instant porridge, dairy products, tomato sauce and biscuits that are being sold on the streets have passed their sell-by date. The merchandise is mainly imported from neighbouring South Africa.

Cheese and other milk products whose expiry date was January 2018 are still being sold to unsuspecting customers. There were also biscuits and baby formula products that expired three months ago.

“People love these products,” said a vendor when asked why he was selling expired goods.

“It is only you who is concerned about the expiry date. We make a huge killing out of these products despite their state.”

Some vendors said they were getting the goods from wholesalers who offered huge discounts for expired products.

“We get these products from wholesalers downtown,” said one vendor. “They normally put these products on sale a month before they expire.

“So after buying in bulk we normally fail to finish our stocks before the expiry date passes.”

Consumer Council of Zimbabwe executive director Rosemary Siyachitema said the consumption of expired products posed serious health hazards.

“It is a fact that dairy products are conduits of bacteria. It is a very serious health issue as it poses a health hazard,” she said.

“That’s why we have been pushing for consumer education, urging consumers to always check the expiry dates of the foodstuffs that they buy because their impact on health can be damaging.”

Siyachitema said the passing of the Consumer Protection Bill would empower the council to criminalise such activities, adding that the municipal police should be acting on that.
“On the other hand, I don’t think the municipal police are doing their job,” she said.

“This is happening on the streets, which fall under their jurisdiction.

“On our part, we are pushing for the enactment of the proposed Consumer Protection Act, which we will use to criminalise such behaviour at law.”

Edgar Munatsi, a medical doctor, said eating expired food posed a serious risk to consumers.

“Though some expiry dates relate to product taste, in some cases eating expired food triggers food poisoning,” he said.

He said one obvious sign of food that was past its expiry date was the growth of moulds.

Confederation of Zimbabwe Retailers president Denford Mutashu said wholesalers and retailers were not to blame for the influx of expired goods.

“The allegations of supplying vendors with expired goods are unfounded and baseless and should be dismissed with the contempt they deserve,” he said.

“In short, vendors should simply evacuate from the streets.

“That they are selling expired goods cannot be blamed on wholesalers or retailers.

“The vendors have no proper storage facilities and now the CBD of Harare, for example, is littered with perishable goods sold from pavements.”

Labour and Research Institute of Zimbabwe economist Prosper Chitambara said the proliferation of expired goods on the market was an indication of economic decay and low levels of per capita income.

The Standard

Former Finance minister Tendai Biti’s Zambian lawyers will challenge the neighbouring country’s decision to deny him political asylum after he was deported last week in defiance of a High Court order.

Biti was handed over to the Zimbabwean authorities on Thursday after escaping the country the previous day, claiming his life was in danger.

He was charged with inciting public violence and allegations that he announced the July 30 election results in violation of the Electoral Act.

Biti, who has since been granted $5 000 bail, claimed that he was abducted by Zimbabwean security details in violation of internation law.

His Zambian lawyer, Gilbert Phiri, said they would tell Zambian High Court judge Pixie Yangailo that his client was deported in violation of a court order.

The MDC Alliance co-principal’s lawyer said they would pursue the issue in which the former Zimbabwean finance minister was seeking political asylum in the courts.

Phiri, in the company of two other Zambian lawyers, Keith Mweemba and Mlambo Haimbe, has taken the Zambian government to court to force it to grant Biti political asylum after it indicated otherwise.

While the Zambian government was deporting Biti back to Zimbabwe after defying a court order, Phiri was pleading with judge Yangailo at the Zambian High Court that his client could not attend court because he had been deported against an earlier order.

Judge Yangailo heard Phiri and the case of defiance would be soon heard in the High Court.

“We are at the High Court to notify the court that the Zambian government defied a court order and deported Biti back to Zimbabwe,” Phiri said.

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“It’s pathetic that the Zambian government can summon about 100 police officers and soldiers to accompany a defenceless individual back to the Zimbabwe side. It’s a shame.

“Such disregard of human rights should not be accepted in this age. We informed Judge Yangailo about the defiance by the government and they will soon hear the case.”

Biti is among opposition leaders who have questioned the outcome of the presidential elections, in which Zanu PF won a constitutional majority and its leader, Emmerson Mnangagwa, was elected president.

The MDC, a seven-party alliance led by Nelson Chamisa, is challenging the results in the constitutional court.

Biti told reporters the day after the July 30 vote that the opposition couldn’t account for 21% of the tally sheets that by law were supposed to be posted outside polling stations, but “from what we have received, it’s clear we’ve won”.

Biti (51) was finance minister in a unity government formed in 2009, after a disputed 2008 vote, in which Zanu PF shared power with the MDC.
He split from the MDC after it was defeated in another contested vote in 2013, before reuniting with the alliance last year. — Additional reporting by Bloomberg.