News / National
Tsvangirai poll case set for Thursday
21 Jan 2014 at 16:52hrs | Views
The Supreme Court of Zimbabwe will on Thursday preside over an application by Morgan Tsvangirai challenging a decision by the Electoral Court which barred him from being heard on an urgent basis over the harmonised polls outcome.
Deputy Chief Justice Luke Malaba, Justice Paddington Garwe and Justice Ben Hlatshwayo will preside over the matter in which Mr Tsvangirai challenges the decision by Justice Chinembiri Bhunu after he dismissed an urgent chamber application seeking the opening and inspection of ballot boxes after the harmonised polls last year.
In the papers filed, Tsvangirai, through his legal counsel, Advocate Lewis Uriri, further accuses the lower court of misdirecting itself by acting on the premise that he had approached it seeking recourse over presidential poll outcome, when in actual fact he had filed a separate application relating to the outcome at the Constitutional Court.
He further accuses Justice Bhunu of wrongfully ruling that he lacked jurisdiction over the application for opening and inspecting ballot material relating to the presidential election and of making adverse findings against his legal practitioners for allegedly scandalising the court before affording them an opportunity to be heard.
He cites as respondents the Chairperson of the Zimbabwe Electoral Commission, the Chief Elections Officer, the Registrar of Voters and President Robert Mugabe and begs the court to rule that the Electoral Court presides over his initial application, and sets aside the order instructing the Prosecutor General to institute proceedings against his legal practitioners.
The respondents through their lawyers contend that the Constitutional Court in its judgement Number CCZ 71/2013 unanimously dismissed the application and declared President Robert Mugabe duly elected effectively putting to rest the matter.
The respondents also say Tsvangirai's appeal is fatally defective, as he intends to abuse court process as the Constitutional Court is the sole authority in determining disputes relating to election to the office of the President.
Deputy Chief Justice Luke Malaba, Justice Paddington Garwe and Justice Ben Hlatshwayo will preside over the matter in which Mr Tsvangirai challenges the decision by Justice Chinembiri Bhunu after he dismissed an urgent chamber application seeking the opening and inspection of ballot boxes after the harmonised polls last year.
In the papers filed, Tsvangirai, through his legal counsel, Advocate Lewis Uriri, further accuses the lower court of misdirecting itself by acting on the premise that he had approached it seeking recourse over presidential poll outcome, when in actual fact he had filed a separate application relating to the outcome at the Constitutional Court.
He cites as respondents the Chairperson of the Zimbabwe Electoral Commission, the Chief Elections Officer, the Registrar of Voters and President Robert Mugabe and begs the court to rule that the Electoral Court presides over his initial application, and sets aside the order instructing the Prosecutor General to institute proceedings against his legal practitioners.
The respondents through their lawyers contend that the Constitutional Court in its judgement Number CCZ 71/2013 unanimously dismissed the application and declared President Robert Mugabe duly elected effectively putting to rest the matter.
The respondents also say Tsvangirai's appeal is fatally defective, as he intends to abuse court process as the Constitutional Court is the sole authority in determining disputes relating to election to the office of the President.
Source - zbc