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The recent ruling by the Constitutional Court (ConCourt) bench dismissing a court application filed by MDC-T president Douglas Mwonzora favours the opposition leader, a prominent lawyer has said.
In his application, Mwonzora sought the court to invalidate the Zimbabwe Electoral Commission (ZEC)’s delimitation of electoral boundaries.
In dismissing the court application, Chief Justice Malaba said the court cannot stop a constitutional process.
But lawyer Thabani Mpofu, who in 2018 represented the MDC Alliance in the Constitutional Court when the opposition party then led by Nelson Chamisa was challenging the presidential results, said a dismissal of an application is a judgment in favour of a respondent. <a href="https://twitter.com/adv_fulcrum/status/1657273669406584833">Mpofu tweeted</a>:
<blockquote>
A dismissal of an application is a judgment in favour of a respondent.
Muse on this legal fact, as you watch the tragedy unfold. A truly sad and tragic story.
</blockquote>
He did not explain how a dismissal of an application is a judgment in favour of a respondent.
However, Mwonzora has since indicated that will be launching another bid to have the delimitation report set aside. <a href="https://www.newzimbabwe.com/ccc-financially-backing-bid-to-postpone-elections-claims-mwonzora-mdc-leader-mounts-fresh-court-challenge/">He said:</a>
<blockquote>
We have prepared our papers and today we are filing our application before the High Court seeking the same relief.
We argue that a declaration must be made that the delimitation report is invalid, ZEC must be ordered to redo and that the proclamation must, by the President, follow receipt of a correct delimitation report.
</blockquote>
Mwonzora had argued that ZEC had broken the law during the delimitation process.
He wanted the court to declare the delimitation invalid, order ZEC to redo the process, and compel President Emmerson Mnangagwa to only proclaim an election date after a new delimitation report.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

"ConCourt Ruling On ZEC's Delimitation Report Application Favours Mwonzora"

Citizens Coalition for Change (CCC) leader Nelson Chamisa says his rival Douglas Mwonzora was imprudent when he allegedly hobnobbed with ZANU PF after he became the leader of MDC-T.
Chamisa made the remarks following Mwonzora’s unsuccessful application challenging the Zimbabwe Electoral Commission (ZEC)’s delimitation report.
On Monday, the Constitutional Court dismissed Mwonzora’s application seeking nullification of the delimitation report.
Had the Constitutional Court granted Mwonzora’s application, the 2023 general elections would have had to be postponed.
Posting on Twitter, Chamisa said opposition leaders should never trust ZANU PF as doing so will end in tears. <a href="https://twitter.com/nelsonchamisa/status/1655548970993590272?s=20">Wrote Chamisa</a>:
<blockquote>
Never, never go to bed with Zpf. It’s dangerous! Maybe just go to dinner but then use a very long spoon. Otherwise, it will end in tears!
</blockquote>
Speaking to reporters outside court after the ruling, Mwonzora said the court made a political judgment. He said:
<blockquote>
Their (judges’) argument is that they do not have jurisdiction, in other words, that they don’t have the power to hear the case. In our respective view, the court has made a political judgment.
</blockquote>
Mwonzora’s lawyer Lovemore Madhuku <a href="https://www.newzimbabwe.com/it-will-end-in-tears-chamisa-taunts-mwonzora-after-concourt-tosses-mdc-leaders-delimitation-report-challenge/">hinted that</a> they would likely seek a declaration that ZEC’s delimitation report is invalid at the High Court.
The general elections must be held between 26 July and 26 August, to comply with Constitutional regulations that the election must come not more than 30 days after the expiry period of the current Parliament.
President Emmerson Mnangagwa recently said he will proclaim the election date before the end of this month.
Current laws also stipulate that a proclamation can only be made 44-88 days before the election date.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Chamisa Mocks Mwonzora After ConCourt Dismisses Delimitation Report Challenge

The Constitutional Court (ConCourt) has agreed to urgently hear opposition MDC leader, Senator <a href="https://zero.pindula.co.zw/mwonzora-sues-zec-mnangagwa-over-delimitation-report/">Douglas Mwonzora’s application</a> which challenges the <a href="https://www.pindula.co.zw/ZEC">Zimbabwe Electoral Commission (ZEC)</a> delimitation report. Mwonzora filed a chamber application for direct access to the apex court, which was granted because his case was considered arguable.
A bench led by <a href="https://www.pindula.co.zw/Paddington_Garwe">Paddington Garwe</a> ruled that Senator <a href="https://www.pindula.co.zw/Douglas_Mwonzora">Douglas Mwonzora</a>‘s delimitation challenge is valid and must be heard by a full bench. Mwonzora wants the ZEC delimitation report to be nullified, claiming that it was not done properly. ZEC argues that everything is in order and that redoing the report would be a waste of resources.
Trust Maanda, representing Mwonzora, said that the Senator had an equal interest in the matter since he is running in the upcoming elections. He argued that Mwonzora’s case should be heard as it involves the abuse of constitutional rights and that ZEC relied on a preliminary census report by Zimstat, which was wrong. Maanda said:
<blockquote>
The contention before the court is that the delimitation report is an essential element of achieving free and fair elections. The position of the appellant is that unless the delimitation report is in terms of the constitution, it is unconstitutional.
</blockquote>
Tawanda Kanengoni, speaking on behalf of ZEC, argued that there was little difference between the preliminary and final census report from Zimstat and that Mwonzora’s case had no basis. Kanengoni also stated that Mwonzora’s application lacked clarity because he did not specify what he found discriminatory.
Award-winning journalist, Hopewell Chin’ono, claims that the ruling ZANU PF doesn’t want elections scheduled for later this year to proceed and is using Mwonzora, its alleged ally, to push that agenda through courts.
Elections could be delayed if Mwonzora wins the case as the delimitation exercise would need to be redone. Zimbabwe is set to hold harmonised elections between July 26 and August 26 of this year.
<h2><a href="https://zero.pindula.co.zw/">More Pindula News</a></h2>

ConCourt Agrees To Hear Mwonzora's ZEC Delimitation Report Challenge

The Constitutional Court (ConCourt) full bench on Monday, 20 March 2023 dismissed an application by ZANU PF member Tonderai Chidawa seeking to nullify the delimitation exercise which mapped new boundaries of the wards, the House of Assembly and Senate to be used in the 2023 general elections.
Chidawa argued that the delimitation process, which was done by the Zimbabwe Electoral Commission (ZEC) was flawed, saying that it was done in violation of the Constitution.
Chief Justice Luke Malaba chaired the ConCourt proceedings. The bench said full reasons for the judgment will be released in due course. Reads the order:
<blockquote>
It is ordered that this application be and is hereby dismissed with no order as to costs.
The reasons of the full judgment will follow. No cause of action has been pleaded against the respondent.
</blockquote>
Speaking to journalists on Monday outside Mashonganyika Building which houses the Constitutional Court, Chidawa’s lawyer Professor Lovemore Madhuku, said:
<blockquote>
It’s a very disappointing judgment because the court has refused to have an opportunity to look at Section 119 (of the Constitution) and obligations of Parliament, thereof.
They will give their reasons later. I suspect the court does not want to interpret Section 119 to go as far as we had put it ourselves, which is accountability of State institutions such as independent commissions that Parliament is entitled to investigate how they operate in terms of the Constitution. 
Section 119 of the Constitution, gives Parliament the power to ensure that provisions of the Constitution are upheld and that the State and all institutions and agencies of government at every level act constitutionally and in the national interest.
</blockquote>
In his application, Chidawa accused Parliament of failing to nullify the ZEC delimitation report and initiate investigations into it.
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

Constitutional Court Dismisses Delimitation Report Challenge

MDC Alliance candidate in the 2018 presidential elections, Nelson Chamisa, will pursue a fresh application at the Constitutional Court (ConCourt) to have its ruling on his election results challenge set aside.
Advocate <a href="https://www.pindula.co.zw/Thabani_Mpofu" rel="noopener noreferrer" target="_blank">Thabani Mpofu</a>, who is Chamisa’s lawyer, said after studying Jonathan Moyo’s book, Excelgate, they were now making efforts to have the judgment on the 2018 presidential elections rescinded.
Mpofu further argued that the <a href="https://www.pindula.co.zw/Zimbabwe_Electoral_Commission" rel="noopener noreferrer" target="_blank">Zimbabwe Electoral Commission (ZEC)</a> presented false information to the courts, hence, their call for the judgment to be set aside. He said:
<blockquote>The general rule is that once a final judgment or order has been given, the judge who gave it or any other judge of parallel jurisdiction has no power to alter, rescind, vary or set it aside, except in the few instances recognised at common law or by the rules of the High Court.
One of the exceptions recognised at common law is when the judgment or order has been obtained through fraudulent misrepresentation.</blockquote>
Legal experts concurred that it is within Chamisa’s rights to approach the court to have the ruling invalidated.
<a href="https://www.pindula.co.zw/Midlands_State_University" rel="noopener noreferrer" target="_blank">Midlands State University</a> law lecturer and human rights lawyer, Valentine Mutatu, said if there is new and compelling evidence it was possible for Chamisa to launch a fresh application.
<h4>More: <a href="https://www.newsday.co.zw/2020/02/chamisa-in-fresh-concourt-appeal/" rel="noopener noreferrer" target="_blank">NewsDay</a></h4>

Chamisa To Approach ConCourt With 'Fresh Evidence'

The reason why the <a href="https://www.pindula.co.zw/Phelekezela_Mphoko">former Vice President</a> wants his case transferred to the <a href="https://www.pindula.co.zw/Constitutional_Court_of_Zimbabwe">ConCourt</a> has been revealed, the former VP wants to argue that he still has presidential immunity the Newsday reports.
Mphoko’s lawyer stated his reasons for wanting the ConCourt involved when he said:
<blockquote>Whether presidential immunity as set out in section 98 of the Constitution extends to acts and or omissions by the Vice-President (and former Vice-President) who alleges and intends to prove that such acts or omissions during the discharge of his or her duties were actuated in accordance with section 99 of the Constitution.</blockquote>
Mphoko is <a href="https://news.pindula.co.zw/2019/08/16/just-in-zacc-officials-attempt-to-arrest-ex-vice-president-mphoko/">facing criminal abuse of office charges</a> when he was still Vice president,
More: <a href="https://www.newsday.co.zw/2019/12/mphoko-claims-immunity/">Newsday </a>

Mphoko Plans To Use Presidential Immunity As His Defense At The ConCourt

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