The best evidence would have been the contents of the ballot boxes compared with what ZEC announced… would have given court clear evidence of malpractice – CJ Malaba
CJ Malaba: On the 2nd of August, the applicant(Chamisa) knew that he was an aggrieved party therefore time was on his side to obtain election residue to later use in court as evidence.
CJ Malaba: The applicant could have asked for an election recount or approached the Electoral Court to ask for unsealing of the ballot boxes. Armed with such evidence the applicant was going to be armed with evidence but he chose not to exercise that right
CJ Malaba: Logic dictates that the applicant if he had the V11 forms he was going to be able to compare them with the contents of the ballot boxes.
Declaration of a President by ZEC can only be changed by Constitutional Court – CJ Malaba
ZEC made critical admission their announced figures were incorrect. It was admitted this affected Mnangagwa’s result, he adds.
The clinical errors amounted for a negligible change in the polling result.
“Amendment and revision of figures is provided for in the law. Applicant needed more evidence than mere admission by ZEC of innacuracies around mathematical figures” – CJ Malaba
CJ Malaba: ZEC took time to analyse and was able to expunge the allegations of the applicant. It was not clear how the 40k figure of the teachers was calculated. Claim 40,000 teachers disenfranchised was too general and unsubstantiated. But ZEC demonstrated some teachers deliberately chose to be deployed away from their polling stations. In any case no proof all the teachers would vote for Chamisa – CJ Malaba
*CJ Malaba: Chamisa’s application has been dismissed with costs.*
*President ED Mnangagwa has been declared the winner of the 31 July election.*Post published in: Featured