President Emmerson Mnangagwa
An article in the Zanu PF controlled state newspaper today carried a story that Emmerson Mnangagwa’s lawyers are suggesting that the court challenge submitted by MDC Alliance Presidential Candidate Nelson Chamisa was delivered by the Sheriff of the High Court to outgoing President Mnangagwa late. There are are few points that should be understood regarding this wishful thinking by the Zanu PF lawyers.
Firstly, the crisis which the country finds itself confronted with is a crisis of legitimacy, hence if Emmerson Mnangagwa is a really caring leader as he wants the world to believe, he should seize the opportunity presented by the Chamisa’s petition to clear the air, prove to the world that he was legitimately elected hence he has the mandate to lead.
Secondly, the Constitutional Court Rules 2016, 3(1) clearly state that “Whatever the time for doing anything in terms of the constitution ends or falls on a Saturday, Sunday or public holiday, the time extends to, and the thing may be done on, the next day that is not a Saturday, Sunday or public holiday”. It follows, therefore, that the date for submission of the challenge has not yet expired according to the instrument that was developed to operationalise the Constitutional Court.
Thirdly, the MDC Alliance submitted the challenge within the stipulated timeframe. The constitution doesn’t say that the one challenging the result has to also deliver the petition to the accused. Section 93(1) of the Constitution of Zimbabwe says “Subject to this section, any aggrieved candidate may challenge the validity of an election of a President or Vice-President by lodging a petition or application with the Constitutional Court within seven days after the date of the declaration of the results of the election” and it ends there.
Taking these three aspects into account, Zimbabweans should see for themselves that Emmerson Mnangagwa and his lawyers are desperate and do not want the truth revealed. This is certainly not the type of leadership that Zimbabwe needs. Let them not respond to the petition, and the Courts should simply proceed without their response.
I am hopeful that the United Nations is taking note of the games being played by Zanu PF and will advise accordingly.
Post published in: Featured
What a well reasoned piece of information. Paul Mangwana does not strike as a smart lawyer.The constitution does not state that the adversary to a petition in issue has to be served upon that adversary on the same date that the petition is issued at court. The argument preferred by Mangwana lacks credibility in the face of scrutiny.
Regardless of when the paper’s are or were submitted, this case has to be heard by the whole bench of the constitutional court. The interested parties are not only ZANU PF and MDC Alliance but the whole world which Zimbabwe needs to do business with. Mangwana can wish the matter away but it’s never going to be a solution, sorber up Mangwana and stop being arrogant. He comments on lateness without even looking at what the constitution say about the timing of submission.