News / National
Tsvangirai Case: Electoral court has no jurisdiction over presidential election petition
14 Aug 2013 at 19:43hrs | Views
Justice Chinembiri Bhunu who presided over the application by the MDC-T leader, Mr Morgan Tsvangirai, said the electoral court has no jurisdiction to preside over a presidential election petition according to the new constitution.
The development effectively dealt a blow to Mr Tsvangirai's application for the opening and inspection of ballot boxes for use as evidence in the presidential election petition to be heard before the constitutional court.
Advocate Fred Gijima, who represents President Robert Mugabe in the matter, said Justice Bhunu had dealt with all the issues effectively and at length and pointed out that he (Justice Bhunu) had ruled that the electoral court was not mandated to deal with matters pertaining to presidential polls.
Advocate Farai Mutamangira, who is appearing for the Attorney General, said they had impressed upon the honourable court that Mr Tsvangirai insulted the court when he insinuated that they were partisan, hence he should not seek legal recourse from the same courts.
Advocate Chris Uriri, representing Mr Tsvangirai said their case is legally before the constitutional court and they will await the outcome.
Meanwhile, the parties in the presidential election petition have agreed to submit their application by Friday to allow Chief Justice Godfrey Chidyausiku to hold a preliminary trial on the merit of the case on Saturday.
Advocate Gijima, who is representing President Mugabe, said they are against going for a full trial as this would unnecessarily prolong the due court proceedings given that the applicant might request several witnesses in the matter.
He said the constitution provided that any contestation should be held within 14 days, which clearly left no room for a full trial.
The development effectively dealt a blow to Mr Tsvangirai's application for the opening and inspection of ballot boxes for use as evidence in the presidential election petition to be heard before the constitutional court.
Advocate Fred Gijima, who represents President Robert Mugabe in the matter, said Justice Bhunu had dealt with all the issues effectively and at length and pointed out that he (Justice Bhunu) had ruled that the electoral court was not mandated to deal with matters pertaining to presidential polls.
Advocate Farai Mutamangira, who is appearing for the Attorney General, said they had impressed upon the honourable court that Mr Tsvangirai insulted the court when he insinuated that they were partisan, hence he should not seek legal recourse from the same courts.
Advocate Chris Uriri, representing Mr Tsvangirai said their case is legally before the constitutional court and they will await the outcome.
Meanwhile, the parties in the presidential election petition have agreed to submit their application by Friday to allow Chief Justice Godfrey Chidyausiku to hold a preliminary trial on the merit of the case on Saturday.
Advocate Gijima, who is representing President Mugabe, said they are against going for a full trial as this would unnecessarily prolong the due court proceedings given that the applicant might request several witnesses in the matter.
He said the constitution provided that any contestation should be held within 14 days, which clearly left no room for a full trial.
Source - zbc
