Opinion By Lloyd Msipa|Lloyd Msipa is a lawyer and director at the Africa Public Policy Research Institution and writes as follows on the MDC Alliance court challenge.

As I promised, Zimbabwe here is my critic of the Constitutional petition filed by the MDC Alliance. Everything starts and falls on the founding affidavit. Before going into the substance of his application, let’s get the preliminary issues out of the way.

His application literally trips and falls on the first hurdle. The citing of Emmerson Dambudzo Mnangagwa as the first respondent pretty much prepares us for what to expect in the rest of the document. Mnangagwa was a contestant just like all the other twenty-two contestants. He did not run the election. He is the beneficiary of a declaration made by the Zimbabwe Election Commission (ZEC). One would expect them to cite ZEC as the primary respondent.

In terms of the Constitution, the Zimbabwe electoral commission is the legally recognised entity that runs elections in Zimbabwe. It is, therefore, an expectation that an aggrieved party would primarily direct their petition to this institution and thereafter to other parties. Emmerson Mnangagwa can’t be the primary respondent on the grounds that he won the election.

The second preliminary issue that we need to discharge is the issue of citing the chairperson of the Zimbabwe electoral commission in her official capacity separate from ZEC. This is a malicious attempt to embarrass and discredit the chairperson in her personal capacity away from the institution of ZEC which houses other commissioners. It is a sordid attempt to isolate her because of the scarf incident.

Wearing of Scarf with National colours

At some point before her official appointment as ZEC chairperson, Priscilla Chigumba purchased and wore a scarf which is made up of national colours of the Zimbabwe flag. The surfacing of the scarf after she was appointed ZEC chairperson saw social media go into overdrive labelling the act as partisan merely because the State President uses the scarf in all activities, including government engagements. This scarf was used by the late former president Cannan Sondido Banana (MHSRIP) and also by the former president Robert Gabriel Mugabe in the 1980’s.

The label that it is a ZANU PF flag is a social media construct that should be dismissed with the contempt it deserves. The allegation by Chamisa associating the wearing of that scarf as symbolic of bias is ludicrous. The same scarf was worn by the current British Ambassador to Zimbabwe, Catriona Laing and former US Ambassador to Zimbabwe, Harry Thomas. Can we then say they were Zanu PF affiliates?

Now, let’s deal with the substantive issues as set out in his founding affidavit. Remember, we said that the application starts and falls on the founding affidavit. We now interrogate the substantive issues as set out in this document
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The Substantive Chamisa challenge

He says, in paragraph 4.1 of his founding affidavit, his challenge is of both the ‘result of the election and the declaration of the first respondent as the winner based on procedural and statistical/mathematical grounds. He then takes us back to background issues of things that happened prior to the elections which according to him have a material bearing on the election. We will indulge him and follow him.

Lack of Independence of the Zimbabwe Electoral Commission

Chamisa alleges the ZEC is not an independent commission, but he forgets that ZEC is a product of a multi-party parliamentary committee. ZEC as currently composed was appointed by a parliamentary committee of which he Nelson Chamisa was party too. All the commissioners went through a rigorous selection exercise with all political parties that constituted the GNU (Government of National Unity) at the time seconding members to ZEC. He refers to the twenty-third respondent who of course is Priscilla Chigumba as lacking ‘independence, transparency and accountability’. This the same judge whom the opposition praised when she was overturning demo bans in favour of the opposition when it was not popular to do so. This is the same judge who discharged the Evan Mawarire case when it unfashionable to work against the grain.

Failure of State media to comply with Section 61(4)

Section 61 speaks to the impartiality of the state media to all contestants. Nelson Chamisa alleges that the state media breached provisions of the constitution and in terms of the electoral act ZEC was supposed to call them to order and they refused to do so. ZEC as an institution has in place a media monitoring committee which was extremely active during this election. Letters were written to all presidential candidates offering them slots on state media to enable them to reach out to their supporters. Most didn’t take up these slots. The state media also offered slots for paid adverts to all political parties and it is no secret that the MDC alliance at the time didn’t have the money to take up these slots. The media monitoring committee also had extensive meetings with all newspaper publications, workshops on responsible reporting where held. Yes, there were publications pushing various narratives, but it is no secret that whilst ZEC urged responsible reporting, The Daily News and Newsday supported the MDC Alliance.

Provisions of seeds and fertiliser packs

In violation of section 136 of the electoral act, Chamisa alleges weeks prior to the election ‘gifts’ were given to induce people to vote for the incumbent in the form of fertiliser and seed packs. It is no secret that the government of Zimbabwe runs a command agriculture policy in the rural areas. These programs have been running for the last couple of years in which farmers, both small-scale and commercial are given incentives to help them increase production. This can be in the field of cattle ranching, tobacco farming to maize farming. This government program of empowerment is seen by Chamisa as buying votes. The question that it raises is how many of these people have complained that we have been bribed to give our vote. I am told Chamisa and his lawyers have managed to attach one or two sworn affidavits from people to this effect. There are two hundred and ten constituencies. They will need two hundred and ten sworn affidavits to convince the Constitutional Court. It is no good appending the affidavit of one person.

A presidential challenge, Parliament fine

Chamisa in his application is alleging that the distribution of food packs and seeds poisoned the electoral environment and hence the election was not free and fair. At the same time, he says he accepts the outcome of the National assembly elections and local government election. It is the presidential results he has a problem with. The same reasons he wants the presidential elections nullified surely should also apply to the national assembly and local government elections is it not. After all, it was a harmonised election. If the food packs and seeds poisoned the environment then the entire election is contaminated
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Intimidation and glaring mathematical errors

Nelson Chamisa also makes accusations of intimidation, gross inflation and deflation of figures at polling stations. To begin with, at any given polling station there would have been between ten to thirty people including observers and agents. I do not see how the intimidation would take place. The doors would close at 7PM and the counting would begin. The election officer would fill out V11 forms for election agents as well as V23 forms at the provincial collation centre. Everyone present signs confirming agreement with the tally, including election observers. Signing signifies acceptance of the count. All agents were given copies. ZESN was able to tally their figures and come up with the same figures ZEC has and a report because they had agents in all the eleven thousand polling stations. So, if Chamisa won, how did he win. Where is the nexus between what he is saying about the errors in mathematics and him getting the Constitutional Court to order that he became president?

Voters roll, ballot paper and Postal vote

Nelson Chamisa also alleges ZEC violated provisions in the electoral act, in particular, section 20(2) © that relates to voter’s role specifics, with ZEC failing to provide him with a voters roll that didn’t contain any biometric data on it, like photographs and fingerprints on it. He also complains of the violation of section 57(a) which relates to the ballot paper being ‘in the form prescribed’ and in alphabetical order. He also complains of a violation of section 73(2)(b)(ii) which is the provision relating to postal votes in the electoral act. He alleges that members of the police force were summoned by their commanding officers and ordered to vote in a particular way.

High Court Judgements in place

On these three grievances, the postal vote, the voter’s role and the ballot paper we have High Court Judgements that shot down the demands made by Chamisa from three separate courts. ZEC has the exclusive mandate to design the ballot paper as the Harare High Court confirmed in a judgement handed down by Justice Mangota The Postal vote judgement finding nothing untoward about the conduct the Zimbabwe Republic police handed by Justice Mwayera at Mutare High Court. The voter’s role matter was concluded in the Harare High Court presided over by Justice Zhou who upheld the privacy of the electorate. The citations are available on the JSC website. They have not been appealed against. They are binding. What is the applicant expecting the Constitutional Court to do?

By accepting the submissions made by Nelson Chamisa the Constitutional Court would be overturning the findings of the trial court using a procedure which does not involve a scrutiny of the proceedings and findings of the High Courts which have already dismissed the applicant’s arguments in these matters. That would be turning the law on its head vis a vis the legal principles which govern the relationship between a trial court and a superior court.

What is the Constitutional Court being asked to do

The Constitutional Court is being asked to conclude that the three High Court judges misdirected themselves in those three judgements. In order to do so, the Constitutional Court must be furnished with the records of proceedings of those three hearings. The question that arises then, is a petition against the outcome of the election the proper procedure for the highest court in the land to ventilate the findings of the High Court? I don’t think so.

Those judgements should have been properly appealed against in terms of the High Court rules. Further to this, an appeal would lie in the Supreme court. It would make better sense if the applicant was saying to the Constitutional Court, look, we have appealed against these judgements. Here are the grounds of appeal, please overturn the judgements and make findings in our favour on the submissions we make.
It is my submission that the Constitutional Court is bound by those High Court judgements until they are properly appealed against and set aside by the supreme court. Therefore, the submissions being made by the applicant are not properly before the Constitutional Court as prima facie evidence of procedural irregularities by ZEC and the Constitutional Court should disregard them.

Draft order defective

In his draft order, Nelson Chamisa seeks that the Constitutional court substitutes the victory of Emmerson Mnangagwa with his This is not a logical conclusion on the grounds in the petition. If the mathematical count is erroneous they should seek an order for a recount. If there were procedural irregularities i.e. the ballot paper, intimidation then the whole election not just the presidential should be nullified. It defies logic for him to suggest that only the presidential election was affected by the ‘partisan food aid’, interference by chiefs, biased media coverage. It makes no sense
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An announcement of results contrary to act

Chamisa also alleges that contrary to provisions in the electoral act, the chairperson delegated to the announcement of the presidential elections to commissioners. To begin with, the legal concept of an announcement is different from the general ‘zviziviso’ that we are used too. In legal parlance, it is called ‘Notice to the world’. The posting of V11 forms on the wall at polling stations is an announcement. The posting of V23 at constituency level is an announcement. There is no way that the electoral act would have contemplated an environment on television were the chairperson announces all two hundred and ten constituencies with her singular voice. The electoral act provides for the chairperson to make the declaration of who is elected not to read the entire presidential result. She made that declaration in fulfilment of the electoral act.

Conclusion

So why would a whole Lawyer, advocate for that matter ignore the basic procedural requirements of our law and seek to rely on issues that can not be properly be relied on as authorities for certain propositions? Simple. This application is not about the law. It’s not about ZEC, or its chairperson and elections officers. It’s not about the other poor twenty-one presidential contestations. It’s about personality. The cult mentality. The do or die mantra of the loser, Nelson Chamisa. It’s about grandstanding. It’s about being perceived as a biblical David pitted against a Goliath whose two-thirds majority Parliamentary victory has been accepted but surprisingly it was won under the very same conditions being complained against for the presidential plebiscite.

It is my considered view that the application is calculated and designed to stroke Chamisa’s ego and portray him as a victim of the odious Mnangagwa. He promised us that if he loses achaisa jecha musadza hatiridge. It is about revenge. If our election is deemed not free and fair we will continue to suffer for daring to go against him and his ambition. It is about greed. Lack of principle. Lack of vision. Political prostitution. Ultimately, it is about the lack of leadership mentality. A good statesman will put his people first. His country first before anything else. Chamisa chete chete. Jecha musadza. Chiridyai tione!

The ruling ZANU PF claims that opposition MDC Alliance missed the deadline to serve its poll petition on President-elect Emmerson Mnangagwa and the Constitutional Court should thus dismiss it.

The party also says the papers were not served at the address President-elect provided to the Zimbabwe Electoral Commission for purposes of the election.

Further, the party claims that the bulk of the other 21 Presidential candidates cited as respondents in the MDC Alliance’s petition yesterday said they had not been served with any papers.

As such, President-elect Mnangagwa’s party wants the case dimissed before the merits of the opposition’s challenge are even considered.

Zanu-PF has at least 12 lawyers handling the matter.

Last Friday, the MDC Alliance sought nullification of the Presidential election results announced by Zec, or for the court to declare the party candidate Nelson Chamisa as the winner of the polls.

The ruling party said the matter should be dismissed because the MDC Alliance faltered at law by failing to serve papers to President-elect Mnangagwa on time, and also served the papers at the wrong address.

In the event that this request is not granted, Zanu-PF’s lawyers expressed confidence that the matter would be dismissed because the issues raised by the MDC Alliance were not sound at law and were mere politicking.

Politburo member Munyaradzi Paul Mangwana said, “In my capacity as Secretary for Legal Affairs of Zanu-PF party, I would like to confirm that, this morning the 11th of August 2018, and at 1030 hours, the Sheriff of the High Court of Zimbabwe, purportedly served papers in respect of Constitutional Challenge Case No CCZ 42/2018 on Comrade ED Mnangagwa at his Munhumutapa Office.

“The purported service is irregular for a number of reasons, including that, it is hopelessly out of time, the pronouncement having been made on or before the 3rd of August, 2018. Service should have been done by Friday, the 10th of August, 2018.

“In any event, service should have been effected at ED Mnangagwa’s address, as given in his nomination papers, being Pricable Farm, Sherwood Block, Kwekwe, and further that, from the papers delivered, there is not attached some documents referred to in the application.

“To our knowledge, because of the attempt to catch respondents by surprise, the applicant has failed to effect service on time, and in accordance with the law.”

Mangwana said Zanu-PF had assembled a “Legal Dream Team” of about a dozen lawyers to handle the matter.

“We have a team of lawyers led by Advocate Lewis Uriri and Advocate Thembinkosi Magwaliba for the court challenge. These two will be supported by 10 other locally based lawyers. We are going to file, most probably on Monday. We are confident of winning this case because the matters raised are political rather than legal.”

State media

Below is the Constantino Chiwenga mock press conference artfully portrayed by media personnel Elisha Buffet:

The results announced by the electoral commission reflect ill-preparedness and gross inaccuracies, the Election Resource Centre (ERC) has said.

President Emmerson Mnangagwa received 50,8 percent of the vote while main opposition challenger Nelson Chamisa received 44,3 percent. The ERC said there was potential manipulation or fraud.

“The results announced expose disturbing arithmetic errors, over voting (more votes than registered voters), results counted more than once, missing polling stations, polling stations without results and polling station identity numbers that are different from the gazetted ones,” ERC said in a press statement issued yesterday.

“The existence of such inadequacies on the announced presidential results, coupled with the absence of a publicly shared complete biometric voters’ roll used on polling day exposes the elections, including the results, to potential manipulation or fraud.”

ERC said in an environment of limited public confidence in the Zimbabwe Electoral Commission (Zec), the elections body could have done a better job in fully and pro-actively preparing for the 2018 harmonised elections including verifying their own information, availing opportunities and necessary information for independent verification of all electoral processes.

“Further, Zec should have been more accountable to election stakeholders across the election cycle,” ERC said.

“Going forward, Zec must improve on issues around accuracy and transparency in election administration.”

Ahead of the 2018 elections, in its pre-election report, the ERC raised concerns around what appeared to be clear indications of ill-preparedness by Zec to conduct a credible, free and fair election.

“Major signals of Zec’s ill-preparedness to run a credible poll included limited transparency in the administration of key electoral processes such as voter registration, procurement, production, storage and distribution of sensitive electoral materials including ballot papers,” the group said.

“The pattern of ill-preparedness was also clearly evident in the state of the availed incomplete voters’ roll.

“The voters’ roll contained inaccuracies that should not have been accommodated in a biometric voters’ roll such as potential duplicate entries, entries with missing information such as residential addresses and questionable identity numbers.

“While some of the challenges with the incomplete voters’ roll shared could have been a result of a potentially defective civil register, the ERC contended that a credible voters’ roll should have rejected inaccurate entries and the fact that such entries had been left on the roll raise questions around Zec’s competence.”

Unfortunately, the same issues regarding ill-preparedness and gross inaccuracies have arisen with the results announced by the electoral commission.

Zec chairperson Priscilla Chigumba has said: “We are absolutely confident there was no rigging… we at the Zimbabwean Electoral Commission will not steal (the people’s) choice of leaders, we will not subvert their will.”

DailyNews

Zanu PF National Political Commissar Retired Lieutenant General Engelbert Rugeje said the Heroes Day and Defence Day commemorations will proceed across the country as scheduled despite a poll petition filed by the opposition against the outcome of the 2018 harmonised elections.

Retired Lieutenant General Rugeje said on Saturday Zimbabweans should celebrate the Heroes and Defence Day holidays next week as nothing has changed in terms of national holidays of the country.

“The Heroes and Defence Forces holidays are still on and we urge all the people to recognise them,” he said.

The party is also praising Zimbabweans for maintaining peace during the just ended harmonised elections, said Retired Lieutenant General Rugeje.

“There is a lot that we need to learn and respect such that these holidays are on,” he said.

The Heroes Day which will be celebrated on Monday the 13th of August is a day that is dedicated towards remembering the role played by the gallant freedom fighters during the liberation war era, while the Defence Forces Day on Tuesday the 14th of August recognises the role being played by the uniformed forces in the development of the country.

ZBC

Zanu has gone into an overdrive to legitimise its contested poll victory by roping in fringe opposition parties to endorse the outcome of the just-ended elections.

President-elect Emmerson Mnangagwa won the July 30 presidential election with 50,8 percent of the votes cast, against his nearest contender, Nelson Chamisa of the MDC Alliance’s 44,3 percent.

In the National Assembly poll, Zanu PF achieved a two-thirds majority in the bicameral Parliament.

The MDC Alliance, led by Chamisa, has rejected the poll outcome, and was due to lodge a Constitutional Court petition within seven days after the declaration of the results by the Zimbabwe Electoral Commission (Zec), in a desperate bid to overturn the outcome.

Fifty-five political parties took part in the presidential race, with a total of 22 candidates aspiring for the presidency.

Interestingly, fringe opposition parties are rubberstamping the poll result despite not only their heavy drubbing at the polls, but the glaring inequities that favoured Zanu PF.

The little-known New Patriotic Front led by Peter Munyanduri said all parties must accept the election results.

“In terms of victory, I think Zanu PF deserved it,” said Munyanduri.

“They had more campaign material than any other party in the election, including posters and fliers all over the country. They did manage to lure many voters as elections are a game of numbers.”

On Tuesday, breakaway MDC president Thokozani Khupe endorsed the poll outcome, while blaming “our erstwhile cousins” for violence.

“Yes, as a party, we raised issues with Zec. There are things that they did not do to our satisfaction and to the satisfaction of many people. Those things happen. However, we are saying for the sake of moving this country forward, it is important as political parties to come together, put our minds together for the sake of oneness,” said Khupe.

Analysts canvassed by the Daily News were alarmed by the flurry of endorsements from the minute parties notwithstanding the uneven electoral playing field highlighted by the bulk of the observer missions.

Political analyst Maxwell Saungweme said most of the small parties were created by Zanu PF to dilute the MDC Alliance’s support base.

He said while some of them could be having real issues with the MDC Alliance around lack of shared values, political principles, ideology and internal democracy it was unthinkable for any genuine opposition party to endorse Mnangagwa or a rigged election.

“The truth is the election was rigged. Whether Chamisa won or not is another matter and is debatable. But based on issues that arose before the poll such as constituency gerrymandering, opaqueness in ballot paper printing and the issues around counting this poll is not credible,” said Saungweme.

Saungweme said even if Chamisa loses his case in the courts, he still has a big role to play in Zimbabwean politics.

“But the source of the issues with this poll is a defective Constitution done by a political-parties process instead of a people-driven process and has no adequate safeguards for running of free and fair elections.

“Having said that, genuine political parties interested in a prosperous Zimbabwe — should be advocating for a role for Chamisa in government given that he polled over two million (votes) — a number big enough to ignore. So whether the courts rule in his favour or not Chamisa must have a role in Zimbabwe’s governance,” said Saungweme.

Political analyst Eldred Masunungure said some of the small parties could be falling over each other to endorse the polls in order to curry favour with Mnangagwa.

“They have nothing to lose. They want to be considered in some portfolios in the government. They are trying to position themselves. It is also a ploy by the ruling party to legitimise their win and in the same process they will delegitimise their rivals by using hopeless political parties,” said Masunungure.

“That’s a normal game of politics to destroy your political rivals using unorthodox means.”

Piers Pigou, senior consultant at the International Crisis Group said Zanu PF was trying to have their win accepted by the international community.

“It bears the characteristics of an effort to manufacture legitimacy. In the circumstances, that interpretation should not surprise us. Those parties doing so should be carefully looked at. Who they are, where they have emerged from, on what basis they endorse or reject etc,” said Pigou.

DailyNews

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By Farai D Hove| The spelling error on MDC Alliance leader Nelson Chamisa’s  court application has been fixed. The party assured its members that by the time the papers were finally submitted at the constitutional court yesterday afternoon the spelling error had been rectified.

The error was that of ZANU PF leader Emmerson Mnangagwa’s surname typed out as “Mnangwagwa.”

The Deputy Treasurer General Chalton Hwende said, ” it was fixed” as he responded to questions at 6 p.m. last night.

Chamisa is challenging the Presidential results in the just ended elections which saw him losing to Mnangagwa with the latter getting 50,8% of the vote as announced by the Zimbabwe Electoral Commission the previous week Thursday night.

A woman who claims she has sex with ghosts has now revealed she’s in a serious and sexual relationship with one — and they’ve even discussed having children.

Amethyst Realm hit the headlines last year when she revealed she’s slept with 15 ghosts since breaking up with her fiancé 12 years ago.

But now, she’s decided to take things to the next level and is in a “pretty serious” relationship with a ghost she met in Australia.

The ghost, who Amethyst can’t see but believes she can communicate and have sex with, has now returned with her to the UK and their relationship is progressing.

Speaking to Australian website New Idea , she said: “One day, while I was walking through the bush, enjoying nature, I suddenly felt this incredible energy. I knew a new lover had arrived.”

She said: “It’s pretty serious. In fact, we’ve even been thinking about having a ghost baby.

“I know that sounds crazy but I’ve been looking into it and I don’t think it’s totally out of the question.”

She believes phantom pregnancies are actually ‘ghost babies’, claiming they don’t go to term because the human body and mind can’t process them.

Last year Amethyst appeared on This Morning to talk about the fact that she left her fiancé after he caught her having an affair with a spirit.

She left viewers baffled as she claimed to have had sex with 15 different ghost lovers.

And a shocked Phillip told her: “I could imagine you’ve got quite a name for yourself in the spirit world.”

He had asked her earlier when she had her first sexual encounter with a ghost. She said: “It was about 12 years ago now, I was living with my fiancé and he was working away a lot.”

She added: “I started to feel a presence.”

Amethyst says that one night she decided to dress in sexy lingerie and hang around in the spare room, where she’d felt the ghost’s presence the most.

She said she waited a while before anything happened and feared that she’d put the ghost off by coming on too strong.

But she claims that just before falling asleep, the ghost turned up and they had sex.

She said she’s gone off men completely and has had sexual relationships with another 14 ghosts.

But Holly asked if she’ll feel that way forever, or if she may want children one day.

And Amethyst said that she believes she can get pregnant by having sex with a ghost. She said: “I’ve done a bit of research into phantom pregnancies.

There’s a possibility that it is a ghost in you but people don’t know how to carry it to full term.”
Amethyst went on to discuss how her relationship with her fiancé ended after he caught her in bed with a ghost.

— The Mirror

Vice President Retired General Constantino Chiwenga has arrived in Moscow Russia, where he is expected to deliver a special message to the government of Russia following the just ended harmonised elections and hold meetings with some business leaders interested in investing in Zimbabwe.

Vice President Chiwenga and his delegation arrived in Russia this Friday and were welcomed by Zimbabwe’s ambassador to Russia, Ambassador Mike Nicholas Sango and embassy officials.

Upon arrival, Vice President Chiwenga told the ZBC News crew that he was sent by President Emmerson Mnangagwa to deliver a special message to the Russian government.

“I am a special envoy dispatched by President Emmerson Mnangagwa to deliver a special message to Russia,” said Vice President Chiwenga, without elaborating.

According to the itinerary, Vice President Chiwenga is expected to meet Russian investors to discuss vast business opportunities in line with the Zimbabwe is open for business mantra.

Top on the list to meet Vice President Chiwenga are the Russian investors who entered into a US$400 million joint venture deal with Zimbabwe, under the banner of the Great Dyke Investment Private Limited.

Vice President Chiwenga, who is also the Defence and War Veterans Affairs Minister, will attend the closing ceremony of the on-going Russia International Army Games this Saturday.

ZBC

Zanu-PF’s Secretary for Administration Obert Mpofu has mocked MDC Alliance leader Nelson Chamisa for expecting a win in the just ended national elections.

Mpofu’s own boss, Emmerson Mnangagwa has been foremost in bullying other politicians saying he will continue to rule, and to rule, while others continue to bark and to bark: “ku-ukura neku ukura”

But Mpofu has claimed that democracy prevailed in the just ended elections and the will of people must be respected.

“It’s funny that Chamisa (MDC Alliance presidential candidate Nelson) entered an election wanting to win only. In a contest there is always a winner and a loser and if he only wanted to win, he should not have participated. He should have just declared himself a winner,” said Mpofu.

Mpofu added saying Zanu-PF won the polls and the will of the people must be respected.

He said it was going to be pointless for the country to hold elections when the winners were already known.

“As Zanu-PF we won resoundingly and democracy prevailed in the elections. The people made their choices. It wouldn’t have been a fair election if we won all the constituencies. So those who lost should accept the results and work hard to improve next time,” Mpofu said.

He said it was saddening that the MDC Alliance wants to win at all costs and frowned upon the opposition for inciting violence.
“Politicians should not get emotional with politics because the last decision on political matters is made by the people and their choices should be respected. It’s sad the opposition had to get youths drunk in Harare before sending them to the streets to create mayhem. During the day of protests, there were opaque beer containers everywhere to show that the youths were given beer to entice them to create those incidents,” said Mpofu.

He praised the people of Umguza and Bubi for voting for Zanu-PF, saying the two constituencies produced sterling results for the party.

Mpofu was eyeing the Umguza-Bubi senatorial seat and won it.
“In Umguza and Bubi constituencies unlike in other areas, we did not have people who were just voting for a Member of Parliament without voting for the President. We had more people voting for the President than they did for the MP which shows that they respect the party. We are happy with the numbers that we received in both constituencies,” he said.

Mpofu said the party should start campaigning for the next election through delivering on electoral promises while making efforts to win hearts and minds in areas that the party lost.

He said Zanu-PF will continue to distribute its regalia to party supporters as it is an identity for its supporters.

Mpofu was speaking at a Zanu-PF Umguza and Bubi constituencies’ inter-district meeting in Bulawayo

MDC-Alliance principal Tendai Biti, who is facing charges of inciting violence, was yesterday back in court challenging the jurisdiction of the court to hear his matter considering the circumstances surrounding his arrest and return to Zimbabwe.

Biti is also facing charges of contravening Section 66A(1) of the Electoral Act Chapter 2:13, which prohibits the unofficial or false declaration of election results. He is alleged to have unlawfully declared opposition party leader Nelson Chamisa as the winner in the Presidential elections last week. In terms of the country’s electoral law, only the Zimbabwe Electoral Commission (Zec) is empowered to declare the winner of an election. Biti appeared before Harare magistrate Mr Francis Mapfumo.
Through his lawyers Ms Beatrice Mtetwa, Biti wants the court to determine whether his appearance in court was proper given the circumstances of his case.

Biti, who was denied asylum by the Zambian government after he tried to seek refuge in that country on Wednesday, also wants the court to determine whether the police complied with the law after he argued that he was unlawfully arrested in Zambia by unidentified Zimbabwean men.

In his evidence-in-chief led by Ms Mtetwa, Biti narrated to the court circumstances that ‘forced’ him to cross the border, his arrest and appearance in court.

He said when he sought asylum in Zambia he was not running away from the police.
“For the record, I did not seek asylum because of the charges but political persecution,” he said.

“When Charity Charamba (Senior Assistant Commissioner) told journalists that they were looking for me, my lawyer Alec Muchadehama went to CID law and order intending to advise them that I was to surrender myself on that day at 2pm. The police officers he met there said they were not aware that I was wanted and he was told to leave his business card and they would contact him if they wanted me.
“On August 6 my other lawyer Mr Harrison Nkomo went to CID law and order and told them I would surrender myself to the police not to the junta. While we were contemplating with my lawyers, we concluded that CID law and order were not in charge but other forces were. On the evening of August 6, Mr Nkomo wrote a letter to the Police Commissioner-General Matanga asking him if he was in charge of my arrest and asked him if they were not going to hand me over to other forces upon my arrest. There was no response from Matanga.”

Biti also told the court that his mother, brother and nephew were harassed by unidentified men who went to his mother’s house looking for him. He claimed that gun shots were fired at his brother when he was on his way to Bindura in the company of his minor children.
He said that on August 2 there was an attempt on his life by unidentified people driving unmarked vehicles.

“I then concluded that my life and that of my family was in danger hence I decided to flee,” he said.

“I was unlawfully returned to Zimbabwe despite the fact that my life was in danger. No court in Zimbabwe has jurisdiction over me, I should be in a Zambian court since an order was passed by a Lusaka judge. In light of these violations of international laws, Zimbabwe and Zambian domestic laws, my deportation is a nullity and anything that follows is a nullity.”

“In the event that the court finds I am properly before this court, I will challenge the decision in every court so that what happened to me does not happen to anyone and does not repeat itself. I will pursue my rights in the local and regional courts.”

Prosecutor Mr Justin Uladi said the State would lead evidence to prove that Biti was arrested in Zimbabwe by police officers on the strength of a warrant of arrest.

He said Biti was properly before the court and as a Zimbabwean citizen, the court had jurisdiction over him. The State also maintained that Biti was running away from his criminal charges and labelled him a fugitive.

Mr Uladi is appearing for the State along with Mr Michael Reza, Ms Chipo Muronda and Mr Jonathan Murombedzi. The court remanded the matter to Wednesday next week when the State is expected to lead evidence from the investigating officer. – state media

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President Emmerson Mnangagwa has claimed credit for intervening to ensure that opposition MP Tendai Biti was released on bail after two days on the run. If this is part of a presidential strategy, it could spell bad news for a court challenge to the election results.

In a brief statement early on Thursday evening, following People’s Democratic Party leader Tendai Biti’s release on $5,000 bail, President Emmerson Mnangagwa released a three-tweet statement.

“Tendai Biti was released earlier today following my intervention. At such a crucial time in the history of the new Zimbabwe, nothing is more important than unity, peace and dialogue(1/3),” he tweeted.

“Equally important, however, is an adherence to the rule of law. I repeat – no one is above the law. Thus due to the serious nature of the allegations of incitement, due process will continue. (2/3)”

“I call on all parties to immediately cease from all forms of incitement to violence, and to conduct all activities solely within the framework of the law. All Zimbabweans must join us now in striving for unity, peace and reconciliation. Peace is paramount. (3/3)”

The first sentence is the most interesting. Did Mnangagwa’s intervention have something to do with the state not opposing bail by the time an exhausted Biti was dragged to appear before the magistrate’s court in Rotten Row, Harare, late on Thursday afternoon?

He was charged with inciting violence and illegally announcing poll results after he declared an opposition win shortly after elections day and way before any official announcement. An opposition protest marred by vandalism followed the day after, to which soldiers responded by shooting dead at least six people.

Did Mnangagwa give instructions to state prosecutors not to oppose bail, or, possibly worse, did he make presiding magistrate Francis Mapfumo understand that the presidential wish was that Biti be released? After all, Biti’s arrest was so messy and such a PR disaster that it would make Biti look a martyr if he were made to languish in a jail.

Biti managed to cross the border into Zambia on Thursday before he was dragged back to Harare by law enforcement, so why wasn’t he considered a flight risk by the court?

Perhaps the bail amount and conditions would be sufficiently stringent to prevent him from leaving. He had to surrender his passport and title deed to a property and has to report regularly to the police. If, however, he tried to claim asylum in Zambia, a country he didn’t need a visa to enter in the first place, and he was genuinely fearing for his safety, how would not having a passport stop him from applying for asylum to a sympathetic embassy in Harare?

Did Biti eventually make some kind of deal with Mnangagwa, or was it a desperate bid by Mnangagwa to spin the government out of an international relations disaster?

Even the United Nations High Commission for Refugees stepped in to say it was concerned about Biti’s forced return from Zambia because this was “a serious violation of international refugee law”.

Zambia’s foreign minister Joe Malanji told BBC’s Africa Today: “We have been assured by the Zimbabwean government that he (Biti) will be given bail. It’s just the normal court process.” He didn’t say whether it was the man who claimed he intervened to assure Biti would be released, who intervened in his deportation as well.

Biti isn’t exactly loved by the current Zambian government, because he was scating about the arrest of opposition leader Hakaide Hichilema on treason charges, and went to Zambia to show solidarity.

The happenings at the Chirundu border post, a 350km or five-hour drive from Harare, and a two-hour drive from Lusaka, were messy at best.

By the looks of it, Biti chose this crossing for a quick exit. It’s a one-stop border post, which means you get stamped out of Zimbabwe and into Zambia in the same building – unlike, say, the Beitbridge border post where you stamp out of Zimbabwe on the one side, cross the Limpopo River, and wait about five hours on a good day to get stamped into South Africa on the other side.

The ploy worked, at least until the Zambian police decided to hold him, and Zimbabwean police crossed into the Zambian side, according to Biti’s lawyer Gilbert Phiri, and forced his return to Harare.

If true, this would amount to a breach of Zambia’s sovereignty, but the Zambians didn’t seem that fazed.

Minister of information and government spokesperson Dora Siliya tweeted that Biti was denied asylum because there was “no breakdown of law and order in Zimbabwe” and citizens were not under threat.

“SADC said elections free and fair.” This isn’t exactly true as SADC hasn’t yet come up with a final report, but the report about elections day, before the army and reports of intimidation started, was positive.

Siliya appeared to suggest that Biti was directly responsible for the deaths of the six people in the post-election protests.

“Biti not deported but handed back as he had not gained entry into Zambia,” she tweeted.

Phiri said Biti applied for asylum at the border post, but this failed.

Phiri waited for him in Lusaka, but after Biti was taken in by Zambian police, claiming they were holding him for his own safety, the lawyers got a court order that would prevent the police from sending him back to Harare.

The legal team arrived around 04:00 with the court order, but the police refused to acknowledge receipt, and the hard copy Biti was given to wave in their faces also didn’t work.

Siliya justified his deportation by saying the handover documents were processed on 8 August while the court order against his return was processed on 9 August, which, according to Zambian government logic, meant the handover won.

By 06:00 Biti was back on the “wrong” side of the Chirundu border post, and by 08:00 his lawyers were back in court in Lusaka and, instead of arguing his asylum bid, the team indicated they would apply for a contempt of court order against the police officials.

Phiri also suggested it was a breach of the SADC protocol on extradition by which a country could not extradite a person into another country where he would be prosecuted.

There was proof to suggest that “Biti could face harm at home”, Phiri said.

“They shot at his brother’s car because they thought he was inside, and they jumped the fence at his mother’s house in an attempt to find him.”

There is also a suggestion that President Cyril Ramaphosa stepped in to help on Wednesday night, and suggested Biti travelled to the South African high commission in Lusaka to seek asylum. This wasn’t possible, because Biti was being held at the border, and prevented from applying for asylum anywhere else, as he should have been entitled to.

Ramaphosa’s intervention could not be independently verified with South African authorities, which still prefer a form of quiet diplomacy with regard to Zimbabwe. Ramaphosa, also the current chair of SADC, left for Zambia late on Thursday for a working visit ahead of next week’s head of state summit in Windhoek, Namibia. The matter is bound to come up.

The United States meanwhile also issued a scathing statement about the Zambian border post events, saying it would “be discussing this matter with Zambia’s leaders and reviewing certain aspects of our co-operation with the Zambian government”.

Biti was allowed a night’s rest before his next scheduled court appearance in Harare on Friday.

Meanwhile, opposition MDC Alliance’s presidential candidate Nelson Chamisa has started assembling a big-shot legal team, including South Africa’s Dali Mpofu and Tembeka Ngcukaitobi, ahead of an expected challenge against the results of last week’s Zimbabwean elections. Such a dispute could postpone Mnangagwa’s planned inauguration on Sunday by two weeks, and it could prevent him from attending his debut SADC summit next week.

Chamisa has thus far refused to take journalists into his confidence on what evidence the MDC has of elections rigging, and even sympathisers admit that the party’s elections monitoring effort was disorganised and thin on the ground, and that they didn’t have evidence as good as they’d have wanted.

There is also the added question now of whether Mnangagwa would “intervene” in this court bid in the same way he did with Biti’s release on Thursday.

Ramaphosa and Botswana president Mokgweetsi Masisi have already sent out statements that they were planning to travel to Mnangagwa’s inauguration on Sunday; the next two days will determine if these plans will stand.

Daily Maverick

MUTARE magistrate Tendai Mahwe has said there is need to arrest cases of post-electoral violence in Manicaland by giving custodial sentences to perpetrators after sentencing two MDC Alliance supporters to one-year each behind bars for assaulting a Zanu PF activist.

Lincolin Muradzikwa (22) and Patrick Murauro (23), from Mundenda village, Manica Bridge, in Mutasa Central, appeared before Mahwe who, however, suspended four months each on condition that the two do not commit similar offences in the next five years.

The duo will serve an effective eight months.

In passing judgment, Mahwe said he was worried that politically-motivated violence was on the rise.

“There is need to give a custodial sentence to send a statement and there is need to stop that,” he said.

The prosecution said on July 13, the complainant, Providence Maunze, was drinking beer at Manhende business centre with his friends when he decided to go home.

When he was 800 metres away from the business centre, the complainant observed that someone holding a torch was following him before the convicts emerged from the bush and attacked him.

The complainant fell and Murauro picked up a stone and hit Maunze on the back.

The two accused persons also tore a Zanu PF T-shirt which he was wearing and took it away.

As a result of the assault, complainant sustained some bruises on the back and was left bleeding from the mouth.

NewsDay

INTERNATIONAL suppliers of wheat have reportedly hiked prices by $35 per metric tonne in response to rising shipment costs, a development likely to trigger a sharp increase in the prices of flour and bread among net importing countries such as Zimbabwe.

Although Grain Millers’ Association of Zimbabwe chairman Tafadzwa Musarara declined to comment over the matter yesterday, saying he would release a statement Monday next week, a local miller, who declined to be named, confirmed the development.

“We are going into a meeting on Thursday with all the millers and I will release a statement on Monday,” Musarara said.

The miller who spoke on condition of anonymity said global wheat prices had increased by between $30 and $35 per tonne.

“The global wheat prices have increased by between $30 and $35 per metric tonne meaning that you now need to pay $405 per metric tonne from the $370 we were previously paying, and also this depends on which port you are loading from,” the miller said.

“So, we are set to experience an increase in bread and flour prices because we have to import as we are not self-sufficient in terms of wheat production. We must be able to avoid panicking mode among people, which can result in bulk buying.”

Economic analyst Gift Mugano said the price increase would affect the whole value chain and demand for foreign currency.

“We are producing about 40% of national demand and this means we are not self-sufficient because for the remaining plus 60%, we import. So this increase in the price of wheat will automatically translate into an increase in the price of wheat per tonne,” he said.

“For a number of years, we have not been able to meet the national demand for wheat and we only import to meet our demand. Zimbabwe should work extra hard to ensure that we produce enough wheat and curb the import costs. Wheat contributes 70% of the country’s flour.”

Mugano said the import bill would increase by 15% and the Reserve Bank of Zimbabwe should be ready to avail more cash for wheat imports.

“The import bill will increase by 15% and this means the RBZ should be ready to avail hard cash to millers for the import of wheat, as the situation will affect mainly departments and these includes the millers, bakers and consumers,” he said.

“We are not only projecting an increase in bread and flour prices, but also biscuits and buns, as these are somehow used by our children at schools. So there is urgent need to look into our budget.”

Local millers have sourced 200 000 metric tonnes of wheat from Germany and Canada, a consignment that is coming in instalments until the winter harvesting season.

So far, 30 000 tonnes have been received amid fears that the remaining 170 000 tonnes could also be affected by the new pricing regime.

Zimbabwe requires an estimated 400 000 tonnes of wheat per year to meet its demand of about 950 000 loaves of bread per day. Local annual production capacity stands at 200 000 tonnes, leaving a shortfall of 200 000 tonnes, which has to be met by imports.

Newsday

Acting Prosecutor-General Kumbirai Hodzi said MDC-Alliance principal Tendai Biti’s rights have been upheld from his arrest to the time of appearing in court and that observers still in the country were free to attend court and witness the criminal justice system at work.

Biti was arrested in Zambia on Wednesday and brought to court to answer to the charges of prematurely announcing election results and inciting political violence.

In a statement, Hodzi said Biti was taken to court in a comfortable top-of-the-range vehicle and was treated in a humane manner.

He added that his office was apolitical and that Biti’s case was being handled professionally without any form of bias.

“We want to categorically emphasise that the National Prosecuting Authority (NPA) is an apolitical institution and is not an agent of persecution against any politician or citizen. Zimbabwe is a peaceful country with law-abiding citizens and our duty as an agency that is involved in the preservation of law and order is to ensure that peace prevails.

“As regards Mr Biti, he was arrested by the police and brought to court for initial remand.

“We believe that he has been treated in a befitting and humane manner while in the custody of the police. He was brought to court safely and unharmed as should be the case. Due process was followed and his rights were upheld,” said Hodzi.

The prosecution boss said thousands of election observers in the country were free to observe the court proceedings in the spirit of transparency.

“There are close to 6 500 international observers and almost 1 000 journalists present in our country and they are welcome to see Zimbabwe’s criminal justice system at work.

“We believe that we have maintained a rigorous respect of human rights during the entire election period. We certainly have nothing to hide,” he said.

Hodzi expressed concern at the behaviour of Biti of fleeing the country after being invited to the police. He described the conduct of Biti, a senior lawyer, as political posturing.

“We are, however, of the view that Mr Biti’s conduct was regrettable. He is a legal practitioner who knows the law and what due process entails.

“If a citizen is asked to report to the police to assist with investigations, he ought to do just that. Mr Biti chose to run away and seek asylum in Zambia instead of reporting to the police to assist them in their investigations.

“We believe that Mr Biti’s conduct is tantamount to political grandstanding. Acts of political grandstanding will not be allowed to usurp public peace and good order. If such conduct is contrary to the law, then the National Prosecuting Authority will not hesitate to prosecute to the fullest extent of the law. We will do so in an apolitical manner, without fear or favour,” he said.

Hodzi said Biti’s colleagues in politics were safe in Zimbabwe and that his fleeing to Zambia was unwarranted.

“We believe there was no need for him to flee to Zambia. He was not in any danger. Other politicians are here and have come to no harm. They are still enjoying the peace in our country like everybody else,” he said.

The State did not oppose bail in Biti’s case.

State media

Businessman and Intratrek Zimbabwe Private Limited director Wicknell Chivayo’s lawyers have approached the High Court seeking bail pending appeal, arguing bail is a statutory right, which derives from the Constitution and cannot be denied unless they are compelling reasons.

Chivayo, who is being accused of defrauding Zimbabwe Power Company of over $5 million, money-laundering and violating exchange control regulations, was denied bail by Harare magistrate Mr Elias Singano.

Denying Chivayo bail, Mr Singano said the businessman was a flight risk.

Lead defence counsel Advocate Lewis Uriri confirmed filing the application for bail pending appeal at the High Court yesterday.

“We contend that there is no prospect whatsoever for a conviction,” said Adv Uriri. “To hold, as the magistrate did, that a remand court is only concerned with the allegations, which by description are serious, is such a gross misdirection that no court acting properly would have reached that conclusion.”

Adv Uriri said the finding that Chivayo was fleeing was not supported by evidence.

“The finding that surrendering of the passport and reporting conditions would not serve the interests of justice because of the porous nature of Zimbabwe’s borders and the overall determination that the applicant is a flight risk are on the facts, the evidence and the law, so grossly unreasonable as to suggest that the learned magistrate must have taken leave of his senses,” he said.

“The misdirection is so gross that it has to be vacated in the interest of justice and the applicant admitted to bail on the terms set out in the draft order.”

In his ruling, Singano said Chivayo was a globetrotter and could skip the country to dodge prosecution.

Singano also noted in his ruling that Chivayo attempted to flee the country when he was fully aware that the police were looking for him.

Chivayo, he said, never tried to surrender himself to the police despite knowing that the police were looking for him.

Chivayo was remanded to August 17, pending trial.

The State said the charges arose after Chivayo’s company, Intratrek Zimbabwe, was corruptly awarded the Gwanda Solar Power plant tender by ZPC at the instigation of the then Minister of Energy and Power Development, Samuel Undenge.

It is alleged Chivayo failed to execute the project despite getting $5 607 814, 24 from Government.

State media

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Susoended Prosecutor General Advocate Ray Goba who was set to appear before a tribunal to ascertain whether he was still fit to continue as the country’s top prosecutor, has resigned.

Adv Goba tendered his resignation letter yesterday.

Justice and Parliamentary Affairs permanent secretary, Mrs Virginia Mabhiza confirmed the development but referred all questions to the Chief Secretary to the President and Cabinet Misheck Sibanda who was not immediately available for comment.

Sources said Adv Goba tendered his resignation to the Chief Secretary yesterday.

Adv Goba was facing charges of failing to prosecute high profile corruption cases forwarded to his office by investigating agencies, sneaking out of the country without Cabinet authority, entering Namibia despite being a prohibited immigrant in that country and using abusive language as well as insulting lawyers. The PG’s suspension followed recommendations made by the Judicial Services Commission (JSC) to the President to set up a tribunal to investigate him for alleged misconduct.

Adv Goba was suspended from office in terms of Section 187 (10) of the Constitution.

“Please be advised that by virtue of provisions of Section 259 (7) as read with Section 187 (3) of the Constitution, His Excellency the President has appointed a tribunal to inquire into the question of removing you from office of Prosecutor General,” read the suspension letter.

“Accordingly you are suspended from office with immediate effect in terms of section 187(10) of the Constitution until the President on the recommendation of the tribunal either revokes the suspension or removes you from the office of the Prosecutor General.”

The JSC during its Extraordinary General Meeting held on July 12, noted that the allegations against Advocate Goba necessitated the need to have an inquiry into his suitability to continue holding the office of Prosecutor General.

Adv Goba is alleged to have on more than one occasion travelled out of Zimbabwe to Namibia without obtaining the necessary Government approval.

He also on more than one occasion allegedly entered Namibia despite him being a prohibited immigrant in that country.

Adv Goba was also alleged to have violated his constitutional obligation by refusing to prosecute corruption related cases initiated by investigating agencies. He is alleged to have given various excuses for failing to prosecute the cases. Among the high profile corruption cases Advocate Goba was alleged to have refused to prosecute is that of former Higher Education Deputy Minister, Dr Godfrey Gandawa and that of former Home Affairs and Finance Minister, Ignatius Chombo.

The dockets of the two accused are among many that were completed long back according to sources.

Adv Goba was declared a prohibited immigrant in 2011 while working in Namibia as Deputy Prosecutor-General and legal services director in case number A118/2011 but was allegedly travelling to that country without Cabinet Authority. The PG was also accused of putting his office into disrepute by trading insults with lawyers and there are claims that he allegedly insulted Prophet Walter Magaya’s lawyer Mr Nyikadzino Simango.

President Mnangagwa appointed a three-member tribunal to establish whether or not suspended Prosecutor-General Adv Ray Goba is still fit to continue as the country’s prosecution boss. The tribunal that was to be chaired by retired High Court judge Justice November Mtshiya, also had Advocate Takawira Nzombe and another lawyer Ms Wendy Chingeya.

State media

A RESIDENT from Bulawayo’s Pelandaba West suburb has taken Environment, Water and Climate Minister Oppah Muchinguri-Kashiri and the Bulawayo City Council (BCC) to court over delays in connecting water and sewer to some parts of the suburb.

Mr Nylon Gatsheni (50) has through his lawyers Dube Banda, Nzarayapenga Legal Practitioners, filed a court application at the Bulawayo High Court citing Minister Muchinguri-Kashiri, BCC and Edmund Campion Takawira Shonhiwa, the land developer of Pelandaba West Housing Project, as respondents.

In papers before the court, Gatsheni is also seeking leave to institute a class action in terms of section 3 of the Class Actions Act and section 85 of the Constitution allowing him to rope in 37 other residents to collectively mount the legal challenge.

Gatsheni wants the court to direct the respondents to speed up the connection of water and sewer, arguing that the delay was a health time bomb ready to explode.

In his founding affidavit, Gatsheni said due to the respondents’ delay to connect water, he is now forced to buy water from neighbouring suburbs at an average cost of $15 per month.

“The lack of water and sewer connection at Pelandaba West is a recipe for a health disaster. They are 37 individuals who are members of the class of persons aggrieved by the actions of the respondents in failing or neglecting to connect water to the residents of Pelandaba West Housing Project,” he said.

“I am a pensioner and will mostly encounter serious challenges to enforce my claim as an individual since I do not have enough resources to mount a legal challenge against the respondents. A class action is the appropriate recourse to enforce my right.”

Gatsheni said the respondents’ actions were a violation of his fundamental right to safe, clean and potable water.

“The State is obligated to take reasonable legislative and other measures within the limits of the resources available to it, to achieve the progressive realisation of this right. The positive duties are imposed on the State by section 7 (a) of the constitution as read with section 6 of the Water Act and section 183 of the Urban Councils Act,” argued Gatsheni.

He said Minister Muchinguri-Kashiri is expected to fulfil her obligation by taking meaningful steps to address the issue of water.

“The Government must ensure that organisations such as BCC that has a responsibility to supply and distribute water in accordance with the law are afforded the resources to enable them to do so. The Minister has the primary responsibility to ensure that the institution that she delegates to supply water is equipped to carry out the mandate,” he said.

Gatsheni said the class of people whom he is representing in this case, are low income earners.

“I submit that in all the circumstances of this case a class action is appropriate and I pray for an order in terms of the draft,” he said.

Minister Muchinguri-Kashiri, in her notice of opposition filed through the Civil Division in the Attorney General’s Office, said the applicant ought to have exhausted internal remedies first before engaging the courts.

She said it is BCC’s obligation to supply treated water to its residents although the Zimbabwe National Water Authority (Zinwa) plays a restricted role of providing raw water.

The Permanent Secretary in the Ministry of Environment, Water and Climate, Ms Grace Tsitsi Mutandiro said her ministry has taken steps to improve the provision of water services and is negotiating several agreements on the construction of dams and water projects.

She said Mtshabezi Dam and pipeline project, which was commissioned in October 2016, will help further boost supply to Umzingwane Water Treatment Plant thereby improving BCC’s water supplies.

“It is on that basis that the Minister cannot be said to have failed to avail water in terms of the Water Act, the constitution and international law,” said Ms Mutandiro.

She said her ministry has initiated Command Water Harvesting by drilling boreholes across the country to alleviate water challenges.

“The first respondent (Minister Muchinguri-Kashiri) is seized with the plight of Pelandaba West residents and would intervene accordingly as well as engage BCC to address the water crisis,” said Ms Mutandiro.

State media

The MDC Alliance principal Tendai Biti has been deported to Zimbabwe, party official Chalton Hwende says.

Mr Hwende at the time of writing said the man was being handed over to the military based in Kariba within minutes.. – this is a developing story refresh this page for the updates