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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>

Pindula News

Chamisa Mocks Mwonzora After ConCourt Dismisses Delimitation Report Challenge

The postponement of the 2023 general elections will throw Zimbabwe into a mild constitutional crisis, as from August 26, 2023, there won’t be any legitimately elected office bearer in the presidency, parliament as well as local authorities.
This was said by the National Democracy Institute of International Affairs (NDI) Senior Programmes Officer Jack Zaba.
It comes after MDC-T leader Douglas Mwonzora challenged the Zimbabwe Electoral Commission (ZEC)’s delimitation report saying it was flawed.
In his court application, Mwonzora argued that if elections are using the contentious ZEC delimitation report, the results can be easily challenged before a court of law and be invalidated.
The Election Resource Centre (ERC) recently said there is no legal basis that will allow the current government to legitimately remain in power post-26 August 2023.
Speaking to <a href="https://tellzim.com/ccc-laughs-off-gnu-election-postponement/">TellZim News</a>, Zaba said that whether or not the polls are to be postponed, remains the duty of the Constitutional Court to decide. He added: 
<blockquote>
Whether Mwonzora’s application will cause changes to election dates, remains the duty of the Concourt and the honourable judges there would help in interpreting this kind of law but you will find that this was the prayer filed by the applicant (Mwonzora) when he said ZEC must re-do the delimitation report and in so doing to give ZEC the time, elections will have to be postponed.
While this matter is really sub judice, you will find that there are a lot of aspects to be considered and one of those is what Veritas labelled that there is an absence of clearly laid out law or legal provisions providing for the Concourt to postpone the elections.
While the Concourt has the powers to condone certain actions, the absence of clearly laid out laws leaves us with questions on whether the court in its wisdom can postpone elections but one thing to consider is the imagination that in case of postponement, what effect will it have on other constitutionally-mandated organs of government.
I mean that from August 26, 2023, the tenure of both the president and parliament would have expired and the question is if the Concourt decides in its wisdom to extend or postpone the dates of the polls, will it equally have powers to extend the powers of the president and parliament?
The appeal by Senator Mwonzora does not appeal for extension of tenures for both president and parliament and as the law is structured currently, it does not allow for a vacuum after August 26 when the country may have no legitimately elected president or parliament and we still we will go for elections.
In any case who will proclaim the dates for the elections after we no longer have a legitimate president?
From a political opinion it may be difficult to postpone an election noting that we will be thrown into a situation where in trying to heal a possible election breach through the delimitation exercise, we will be plunged into another constitutional crisis.
The Concourt may decide to postpone the dates but from an electoral law perspective, it may be difficult to do as it leads the nation into a constitutional crisis.
The issues raised by Mwonzora have validity in terms of the constitution for example if one looks at the issue of 20 percent threshold which to me is clear ZEC ought to have followed what the constitution says, the debate over matrix.
Parliament raised the same issue and so did other key stakeholders and the appeal by Senator Mwonzora echoes that the calculation by ZEC has left us in a quandary because in some constituencies the variance of 20 percent is exceeded by far.
For example, look at Bulawayo Central with about 22 000 voters compared to Mount Pleasant with 33 000, its clearly beyond 20 percent, so if one reads and interprets the constitution, he/she can clearly see that there is a lot of sense in the appeal.
The Concourt may help validate that but basic calculations will tell you that the 20 percent applies across all constituencies not within a province as ZEC tried to convince us.
Also, the fact that some of his (Mwonzora) appeals are valid is the mere fact that the Concourt looked at the heads of arguments and gave them access to the constitutional court hearing and that may mean the appeal has constitutional validity.
The Concourt has in terms of the possible scenarios an array of decisions to make with the first being whether to order ZEC to re-do the report and they have to be convinced by the applicant that the report is ‘fatally unconstitutional’.
Either the court may order ZEC to sustain or re-do the report or in that case, that is what may trigger situations linked to the postponement of election dates.
If the court decides that ZEC presented a report that is not fatally defective, then the nation will proceed with elections and that will cause fewer problems in terms of election preparations being done by the electoral commission, political parties, Civic Society Organisations and even international election observer groups or even media groups as that will ensure smooth flow towards 2023 elections.
But in case a re-drawing of the boundaries is ordered, that will trigger a lot of issues.
Basically that throws Zimbabwe into a mild constitutional crisis in the sense that it won’t be a really radically changing the political landscape but will then leave us with a situation where we are left with the old boundaries and in that case the court will have to decide whether elections are to proceed under the old boundaries which may be problematic in the sense that most of the political parties have already selected candidates using the new boundaries and to go to the old ones (2007-08) which are not recognised by Section 161 (6) and the question will be which old boundaries will ZEC revert to.
</blockquote>
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

"Postponement Of 2023 Elections Will Plunge Zimbabwe Into A Constitutional Crisis"

MDC-T leader Douglas Mwonzora says he is confident that he will succeed in his Constitutional Court (ConCourt) challenge against the Zimbabwe Electoral Commission (ZEC)’s delimitation report.
Mwonzora is seeking an order declaring the gazetted delimitation report null and void and for it to be redone.
Speaking in an interview with <a href="https://www.newsday.co.zw/local-news/article/200010129/delimitation-report-will-be-thrown-out-mwonzora">NewsDay</a>, Mwonzora said he also seeking the ConCourt to order President Emmerson Mnangagwa to proclaim election dates only after the delimitation report has been resubmitted. He said:
<blockquote>
The Constitutional Court last week gave us leave to direct access, meaning that we were given the right to appear before the full bench of the Constitutional Court in our challenge for the delimitation.
We have been able to do that and we are confident from the points we have raised we are going to succeed.
We are asking the ConCourt for three things; to declare the delimitation report as invalid, to order ZEC to redo the delimitation, and to order the President to proclaim election dates after the delimitation report has been resubmitted.
We are very confident about the points we have raised. Our application was judged not to be unnecessarily argumentative and we think we are going to succeed.
</blockquote>
If Mwonzora’s application succeeds, this would mean that elections will be held using the old boundaries, or worse still, it will result in the postponement of the general elections that are due between 26 July and 26 August 2023.
Analysts have criticised Mwonzora’s court application saying the timing and motive were suspicious.
Since Mwonzora became the leader of the MDC-T, the party has failed to win a single parliamentary or local authority seat in by-elections held since 2022.
Independent election watchdog, Election Resource Centre (ERC) recently said postponing general elections for whatever reason would be unconstitutional.
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

Mwonzora Confident ConCourt Will Nullify ZEC's Delimitation Report

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

Self-proclaimed Change Champion in Chief Nelson Chamisa has mocked MDC-T leader Douglas Mwonzora for challenging the delimitation report in court, saying his erstwhile colleague has “no supporters”.
The MDC-T has failed to win a single parliamentary or council seat in elections that were held after Mwonzora became the party’s president.
On 14 March 2023, Mwonzora filed an urgent chamber application at the High Court seeking the nullification of the Zimbabwe Electoral Commission (ZEC) delimitation report.
He argued that the delimitation report does not meet the requirements of section 161 of the Constitution of Zimbabwe.
But addressing a campaign rally in Gutu, Masvingo on Saturday, 19 March, Chamisa said CCC will win in the upcoming general elections in spite of the “flawed” delimitation report. He said:
<blockquote>
This is the year for citizens’ victory for change. I heard some people with no supporters have challenged the delimitation report in the courts, but we are not worried about the boundaries created.
Our party is everywhere, even if they move people, the people will vote in those new areas. We are ready to win, this time I will score without looking at the goal.
</blockquote>
Witwatersrand University-based political analyst Romeo Chasara warned opposition parties against allowing ZEC to use the “discredited” voters’ roll in the upcoming elections. Said Chasara:
<blockquote>
The Constitution is supreme and sacred. In this case, I think Mwonzora is right to test the legality of the whole delimitation exercise.
Opposition parties cannot cherry-pick battles to fight when the Constitution is under attack.
It is wrong if the CCC is not challenging the delimitation report because they think it does not affect their prospects of winning elections when there are reasonable grounds that the process is flawed and the Constitution has been violated.
</blockquote>
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

Chamisa Mocks Mwonzora For Challenging Delimitation Report

Freeman Chari, a Zimbabwean software engineer based in the United States of America, says CCC should join MDC-T Douglas Mwonzora’s urgent chamber application at the High Court seeking the nullification of the Zimbabwe Electoral Commission (ZEC) delimitation report.
Chari, who is sympathetic to the Nelson Chamisa-led party, believes that while it appears to be politically incorrect, CCC should join Mwonzora’s court application, saying it captures all the issues that he has raised over the past 12 months that need to be attended to, to ensure a credible election. <a href="https://twitter.com/freemanchari/status/1635876468138950656">Chari wrote on Twitter</a>:
<blockquote>
1. Personally, l don’t have anything against the court challenge. It captures all the things l spoke about from March 2022. The reason l spoke so passionately abt all these things was that we could tell the complications of the future. It took people 11 months to pay attention.
2. Everyone within CCC that l spoke to except a few trivialized the impact of the wrong delimitation formula. Some still do up to today because they believe we can win the presidency even under the circumstances. Which makes me question a lot of things.
3. What frustrates me more is that CCC is being nudged into decisions by agendas set by the system. It feels like a flow chart. Those who were there in 2013 should be feeling a sense of de javu.
4. Because the case has been brought by Doug, it is now feeling like a poisoned chalice. Regardless of the merits, the politics is dictating that CCC can’t be part of it. I want to argue that, CCC should do the unpredictable and join it…
5. Remember how in 1998 everyone was pro-land reform except ZANU? For those who don’t remember, listen to Mapfumo’s Set the people free or Chimbetu’s Zuva Raenda. Mugabe, unpredictably metamorphosed into a champion of land reform overnight to grab the impetus…
6. The expectation is for CCC not to support this and plunge into an election that is heavily gerrymandered and unfair all because of hubris. I would urge CCC to prepare for elections intensively if they go ahead, enter under protest.
7. An election with a bad delimitation, without a voter roll, without polling station names, without free campaign etc is an illegitimate election that will produce an illegitimate result. So again, PREPARE for election, CHALLENGE the delimitation, participate under PROTEST.
</blockquote>
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

CCC Activist Urges Chamisa To Join Mwonzora's Delimitation Report Court Challenge

MDC-T president Douglas Mwonzora and his party on Tuesday filed an urgent chamber application at the High Court seeking the nullification of the Zimbabwe Electoral Commission (ZEC) delimitation report.
Mnangagwa gazetted the delimitation report on 20 February.
The MDC-T is seeking a High Court determination to have the matter referred to the Constitutional Court (ConCourt).
He argues that the delimitation report does not meet the requirements of section 161 of the Constitution of Zimbabwe. Mwonzora’s submission reads in part:
<blockquote>
… we seek a declaratur declaring the delimitation report prepared by first respondent (ZEC) and gazetted by second respondent (Mnangagwa) on February 20 null and void for not being in accordance with provisions of section 161 of the Constitution of Zimbabwe.
</blockquote>
He cited ZEC, President Mnangagwa, Justice, Legal and Parliamentary Affairs Minister Ziyambi Ziyambi and the Attorney-General’s Office as the respondents.
Section 161(11) of the Constitution outlines the procedures for delimitation and what the President should do after receiving the final delimitation report from ZEC. Reads Mwonzora’s application:
<blockquote>
Applicant also seeks an order for consequential relief in the form of a mandamus (a judicial writ issued as a command to an inferior court or ordering a person to perform a public or statutory duty) directing the first respondent to conduct a fresh exercise of delimitation in compliance with the dictates and requirements of section 161 of the Constitution of Zimbabwe, and in particular to base the report on a final population census report.
Applicants further seek consequential relief directing second respondent not to proclaim elections before the first respondent has prepared a delimitation report that is in compliance with section 161 of the constitution of Zimbabwe.
</blockquote>
Election watchdogs, data analysts, and other stakeholders have accused ZEC of using the wrong formula to calculate voter variations and this resulted in some constituencies having a significantly higher number of registered voters than others.
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

Mwonzora Sues ZEC, Mnangagwa Over Delimitation Report

The MDC Alliance led by Douglas Mwonzora has rejected the Zimbabwe Electoral Commission (ZEC) delimitation report that will be used for the 2023 general elections, saying it will challenge it by all means.
In a statement dated 08 March 2023, the MDC Alliance said the delimitation report is flawed and is therefore not possible to use to conduct credible elections. Part of the statement reads:
<blockquote>
The MDC and all its Alliance partners on the 6th of March 2023 met at Morgan Richard Tsvangirai (MRT) House to reaffirm election preparedness and foster unity across the broader progressive democratic forces, as the country readies for harmonized elections to be held in the later part of the year.
The meeting totally rejected the ZEC final delimitation report because of its glaring fundamental flaws and resolved to challenge it by all means.
No credible election can ever be conducted under such grossly disenfranchising circumstances as demonstrated in the final delimitation report.
Despite naysayers, the MDC Alliance remains the most formidable, intact and focused alternative to the people’s hope of a truly democratic and all-inclusive leadership.
</blockquote>
On 20 February 2023, President Emmerson Mnangagwa gazetted the names and boundaries of the wards, the House of Assembly, and Senatorial constituencies that will be used in the forthcoming and any subsequent general election.
ZEC handed over the Delimitation Report to Mnangagwa on 17 February before it was gazetted on 20 February.
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

MDC Alliance Rejects ZEC's Final Delimitation Report

The Zimbabwe Electoral Commission (ZEC) has been urged to make it clear whether the delimitation report it submitted to President Emmerson Mnangagwa recently is final or not.
When ZEC chairperson Justice Priscilla Chigumba submitted the report to Mnangagwa at State House, she revealed that the document was the final delimitation report and said she expected the President to gazette the report within 14 days.
However, government spokesperson Ndavaningi Mangwana, Mnangagwa’s spokesperson George Charamba, and the Minister of Justice, Legal and Parliamentary Affairs Ziyambi Ziyambi said the report was not final.
<a href="https://www.newsday.co.zw/local-news/article/200007404/clear-air-on-delimitation-report-zec-told">NewsDay</a> on Sunday requested ZEC to clear the air on whether the report was final or not, but the officials were reportedly evasive.
ZEC spokesperson Jasper Mangwana referred the question to Justice Chigumba.
The publication reported that several efforts to obtain a comment from Chigumba were in vain as her office repeatedly promised to give a response to no avail.
ZEC chief elections officer Uitloile Silaigwana requested the question in writing but had not responded by Sunday night.
Chief director for presidential communications, Anyway Mutambudzi said ZEC should respond on whether the report submitted to Mnangagwa was final or not.
Constitutional lawyer Lovemore Madhuku said it is critical for ZEC to state its position on the report. Said Madhuku:
<blockquote>
Whether the report submitted is final or not should not be a private issue. Everyone at ZEC, from the messenger to the doorman, should know the exact position on that report.
This is a simple issue. That answer is a very critical one that must be given to the public so that they are informed of the correct position.
No one must put pressure on the President but on ZEC. It has the mandate to manage elections and not the President.
</blockquote>

ZEC Urged To State Exact Position On Delimitation Report

Speaker of the National Assembly Jacob Mudenda has urged Members of Parliament to familiarise themselves with what the constitution says about the delimitation exercise and not be distracted by “sideshows”.
This comes after the Permanent Secretary in the Ministry of Information, Publicity and Broadcasting Services, Nick Mangwana, and the Deputy Chief Secretary in the Office of the President and Cabinet George Charamba claimed that the report that was given to President Emmerson Mnangagwa by the Zimbabwe Electoral Commission (ZEC) was not final.
The issue was then raised in the National Assembly during a question and answer session by Glen Norah MP Wellington Chikombo, reported <a href="https://openparly.com/delimitation-report-speaker-tells-parliament-do-not-listen-to-nick-mangwana-and-george-charamba/">Open Parly</a>.
Chikombo said the statements that were uttered by Mangwana and Charamba have caused a lot of polarisation, disharmony, and anxiety across the country.
He demanded that the Minister of Justice, Legal and Parliamentary Affairs Ziyambi Ziyambi come through to elaborate to the House what the correct position is pertaining to the delimitation report process.
In response, Mudenda said”musateerere nyaya yemuma newspaper kana social media.” He added:
<blockquote>
Section 161 is very clear in terms of the processes. The report is tabled here in the House in Parliament, we scrutinize it and make our observations.
We then submit to the Head of State and Government in terms of Section 161. Within the specified 14 days, the Head of State must submit to ZEC, which was done.
After that ZEC will start on whatever contributions or analysis that were done by the relevant stakeholders.
They will look at them, make adjustments where it is possible and send those adjustments in a report to His Excellency.
Within 14 days, the President must gazette. What ZEC has said and done in that report is final.
So why do you want to listen to people who talk from the side shows… it does not matter, you must follow the Constitution.
… Do now worry about people who speak outside the Constitution.
</blockquote>

Delimitation Report: Do Not Listen To Mangwana And Charamba, Mudenda Tells MPs

President Emmerson Mnangagwa’s spokesperson George Charamba said that the Final Delimitation Report by the Zimbabwe Electoral Commission (ZEC) is not yet submitted.
Charamba told <a href="https://www.sundaymail.co.zw/final-delimitation-report-not-yet-submitted">The Sunday Mail</a> that the President on Friday received an amended preliminary delimitation report from ZEC chairperson Priscilla Chigumba which is expected to capture Parliamentary and Presidential recommendations and submissions. He said:
<blockquote>
Following the submission of the preliminary report by the ZEC (Zimbabwe Electoral Commission), that action put in train two sets of reactions: One from Parliament (of Zimbabwe) and another one from His Excellency, the President. Both these are by way of feedback to ZEC’s preliminary delimitation report.
Both sets of reactions were given to ZEC, and the first to do so was the Parliament of Zimbabwe, through the President, as required by the Constitution.
Then the President later sent his own response to the preliminary delimitation report.
Out of those two responses, ZEC then produced a draft preliminary report with the new amendments, which means amendments from Parliament and amendments noted by the President.
What the chairlady of ZEC (Justice Priscilla Chigumba) gave the President (on Friday) was the preliminary report, as amended by the reactions from both Parliament and from the President.
The President, in turn, will go through that preliminary report, as amended. Depending on how he views it, he will then give ZEC his final comment on that draft preliminary report, as amended.
Those would be his final comments on the matter, and ZEC will exercise its Constitutional right to either take them into account or to discard them because the Constitution gives ZEC the final say on the compilation of what then becomes the final delimitation report.
So, the final delimitation report is then what will be given to the President for gazetting.
</blockquote>

ZEC's Final Delimitation Report Not Yet Submitted - Charamba

The Permanent secretary in the Ministry of Information, Publicity and Broadcasting Service, Nick Mangwana, said the Zimbabwe Electoral Commission (ZEC) has not yet submitted its final Delimitation Report to President Emmerson Mnangagwa.
This comes after reports claimed on Friday that ZEC chairperson Priscilla Chigumba had submitted the Final Delimitation Report to the President at State House.
In a post on Twitter, Mangwana said the information is incorrect and that the nation will be informed when the report is handed over to Mnangagwa. <a href="https://twitter.com/nickmangwana/status/1621511408423960576">Said Mangwana</a>:
<blockquote>
We have noted a number of social media reports to the effect that the Final Delimitation Report has been presented to HE the President. The Final Report has NOT yet been presented to His Excellency.
When that happens the public will be informed. Thank you.
</blockquote>
<a href="https://www.herald.co.zw/zec-hands-over-revised-report-to-president/">The Herald</a> reports that Chigumba was at State House on Friday morning to deliver to Mnangagwa the draft of the final report on the delimitation of constituency and ward boundaries which takes note of concerns that he and Parliament raised.
Chigumba said the draft report, which the President will now go through, could be gazetted in the next 14 days.
She was cited as saying she is confident that the President will approve the revised delimitation report as it captured the concerns that were raised by stakeholders including Parliament.

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