2018 Zimbabwean presidential election petition

The 2018 Zimbabwe Presidential election petition aimed to overturn the Zimbabwe's presidential elections results which declared Emmerson Dambudzo Mnangagwa as victor. The election was held on Monday, 30 July 2018.[1]

Zimbabwe Presidential Election Petition, 2018
Coat of arms of Zimbabwe
CourtConstitutional Court of Zimbabwe
Full case nameChamisa v Mnangagwa & 24 Others (CCZ 42/18) [2018] ZWCC 42 (24 August 2018)
Court membership
Judges sittingChief Justice of Zimbabwe Luke Malaba
(Deputy CJ) Elizabeth Gwaunza
(JCC)Rita Makarau
(JCC)Paddington Garwe
(JCC)Chinembiri Bhunu
(JCC)Baratkumar Patel
(JCC)Ben Hlatshwayo
(JCC)Tendai Uchena
(JCC)Lavender Makoni
Case opinions
In a unanimous judgement, the nine judges ruled against the opposition's petition stating that it did not include sufficient evidence to nullify or invalidate the presidential poll results(per) 110 (3)(i) (of The Constitution of Zimbabwe Amendment (No. 20) Act, 2013)
Decision byCJ Luke Malaba, joined by unanimous

Background

On 20 August Movement for Democratic Change Alliance (MDC Alliance) president Nelson Chamisa filed an official challenge of the results of the election.[2][3] On August 3, Emmerson Dambudzo Mnangagwa was declared winner of the elections with 50.8 per cent of the total votes cast to Mr Chamisa's 44.3 per cent.[4] Nelson Chamisa disputed the results.[5][6]

Chamisa's election petition
Applicant: MDC Alliance Leader, Nelson Chamisa

Political experts said that the appeal faces difficulties because of Zimbabwe's political scene and Judicial idiosyncrasies citing that the Judges' own values, perspectives, and secret personal and monetary interests plays a considerably more decisive role with regards to managing the argumentative issues[7] Some political examiners anticipated that the lawful test had minimal shot of achievement.[8]

Respondents
First Respondent: President Emmerson Mnangagwa

President Mnangagwa alongside the other 21 losing presidential hopefuls and ZEC were altogether referred to as respondents in the prominent request by the MDC Alliance Leader. In his reaction recorded, Mnangagwa contended that there was no substantial election appeal.[9][10][11]

Emmerson Dambudzo Mnangagwa First Respondent
Joseph Busha Second Respondent
Melbah Dzapasi Third Respondent
Nkosana Moyo Fourth Respondent
Noah Manyika Fifth Respondent
Harry Peter Wilson Sixth Respondent
Taurai Mteki Seventh Respondent
Thokozani Khuphe Eighth Respondent
Divine Mhambi Ninth Respondent
Lovemore Madhuku Tenth Respondent
Peter Munyanduri Eleventh Respondent
Ambrose Mutinhiri Twelfth Respondent
Timothy Johannes Chiguvare Thirteenth Respondent
Joice Mujuru Fourteenth Respondent
Kwanele Hlabangana Fifteenth Respondent
Evaristo Chikanga Sixteenth Respondent
Daniel Shumba Seventeenth Respondent
Violet Mariyacha Eighteenth Respondent
Blessing Kasiyamhuru Nineteenth Respondent
Elton Mangoma Twentieth Respondent
Peter Gava Twenty-first Respondent
Willard Mugadza Twenty-second Respondent
The Chairperson of the Zimbabwe Electoral Commission Twenty-third Respondent
The Chief Executive Officer of the Zimbabwe Electoral Commission Twenty-fourth Respondent
Zimbabwe Electoral Commission Twenty-fifth Respondent[12]

Judges

MDC Alliance leader Nelson Chamisa's election petition was adjudicated by the 9 judges of the Constitutional Court. Led by Chief Justice Luke Malaba, the case was presided over by the following judges.[13]

  • Elizabeth Gwaunza Deputy CJ
  • Rita Makarau JCC
  • Paddington Garwe JCC
  • Chinembiri Bhunu JCC
  • Baratkumar Patel JCC
  • Ben Hlatshwayo JCC
  • Tendai Uchena JCC
  • Lavender Makoni JCC[12]

Pre-Case Hearing

The trial observation mission evaluated the procedures of the petition as far as consistence with regional and global human rights law and principles.[14] Prior to the petition hearing ruling party asserted the issue ought to be rejected in light of the fact that the MDC Alliance vacillated at law by not serving papers to Mnangagwa on time or to his correct address.[15][16] The ruling party Zanu-PF said it had picked a team of 12 attorneys for the case documented by Mr Chamisa while Chamisa's leading Lawyer, Adv Thabani Mpofu said his team had adequate proof to turn around the result of the polls.[4]

Case Hearing

Both Legal advisors for Mnangagwa and the ZEC dismissed the allegations and said Chamisa had failed to provide tangible evidence.[17]

Ruling

During the case ruling CJ stated that the complaint consisted of general allegations. No allegations of an individual direct control of the procedure was advanced against the first Respondent. All claims were made without identity and particularity. He expressed that no verification or proof was offered, stressing that the court decides matters dependent on facts and proof set before it.[3] Summarizing the unanimous ruling, Chief Justice Luke Malaba said that "the applicant has failed to place before court clear, direct, sufficient and credible evidence" of irregularities and fraud during the presidential vote.[18] Therefore, in terms of section 93(4)(a) of the Constitution of Zimbabwe, Emmerson Dambudzo Mnangagwa was declared the winner of the election.[19][12]

Aftermath

Mnangagwa's swearing in ceremony was held on 26 August 2018.[6][20] After Mnangagwa was officially sworn in as the President of the Republic of Zimbabwe, some people called for coalition government.[21][22]

References
  1. "Zimbabwe main opposition ready to challenge July 30 polls in court". Africanews. 7 August 2018. Retrieved 27 March 2019.
  2. "Zimbabwe's Chamisa challenges election result; inauguration halted". Reuters. 10 August 2018. Retrieved 27 March 2019.
  3. "Full Ruling: Constitutional Court Verdict On Nelson Chamisa's Presidential Petition". Harare Blitz. 26 August 2018. Archived from the original on 27 March 2019. Retrieved 27 March 2019.
  4. "Chamisa files petition challenging Mnangagwa's win". The East African. Retrieved 27 March 2019.
  5. "Zimbabwe 2018 vote: Mugabe, post-election crisis, failed poll petition". Africanews. 30 August 2018. Retrieved 27 March 2019.
  6. "Chamisa election petition latest". Zimbabwe Today. 20 August 2018. Retrieved 27 March 2019.
  7. "Chamisa's Presidential Petition Analysed". Kubatana.net. 14 August 2018. Retrieved 27 March 2019.
  8. "Chamisa lodges Constitutional Court appeal against election result". NewZimbabwe.com. 10 August 2018. Retrieved 27 March 2019.
  9. "Chamisa election petition latest". The Herald. Retrieved 27 March 2019.
  10. Nemukuyu, Daniel (20 August 2018). "Zimbabwe: Chamisa Election Petition Latest". The Herald (Harare). Retrieved 27 March 2019.
  11. "Live Updates: Zimbabwe election petition". Bulawayo24 News. Retrieved 27 March 2019.
  12. "Chamisa v Mnangagwa & 24 Others (CCZ 42/18) [2018]". 24 August 2018.
  13. "PICS: Meet the Judges presiding over Chamisa Petition". iHarare News. 22 August 2018. Retrieved 27 March 2019.
  14. "Zimbabwe: jurists begin Trial Observation Mission in the Presidential Election Petition". International Commission of Jurists. 22 August 2018. Retrieved 27 March 2019.
  15. Goba, Cynthia (12 August 2018). "'Chamisa's election petition was late, he also served papers at wrong address'". My Zimbabwe News. Retrieved 27 March 2019.
  16. "'Chamisa election petition was late'". The Sunday Mail. Retrieved 27 March 2019.
  17. "Zimbabwe ConCourt set to rule on presidential election petition". IOL News. Retrieved 27 March 2019.
  18. "Top Zimbabwe court confirms Mnangagwa's presidential election victory". Reuters. 25 August 2018. Retrieved 27 March 2019.
  19. "Zimbabwe: Emmerson Mnangagwa sworn in as president". The Guardian. Reuters. 26 August 2018. ISSN 0261-3077. Retrieved 30 January 2020.
  20. "Zimbabwe 2018 vote: Mugabe, post-election crisis, failed poll petition". Africanews. 30 August 2018. Retrieved 27 March 2019.
  21. "Zimbabwe: Emmerson Mnangagwa sworn in as president". The Guardian. Reuters. 26 August 2018. ISSN 0261-3077. Retrieved 27 March 2019.
  22. Mugabe, Tanya (26 August 2018). "Zanu PF official speaks on GNU with Chamisa, reveals why Chiwenga declared that ED's win would not be reversed by courts". My Zimbabwe News. Retrieved 27 March 2019.
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