Opinion / Columnist
Attempts to intimidate Bench deplorable
21 Aug 2018 at 06:32hrs | Views
ZANU-PF notes with growing concern continued attempts by Nelson Chamisa to intimidate the Bench ahead of the Constitutional Court case on the just-ended harmonised elections which has been set down for hearing on Wednesday, 22nd August, 2018.
His statement this (yesterday) afternoon, which is completely bereft of any legal grounding or basis, builds on many such well-documented utterances and threats which he made throughout the campaign period, including declaring himself the inevitable winner well ahead of the polls, and well before vote counting and the announcement of results; threatening spiralling violence should the vote go against him and, threatening to spoil matters for the eventual electoral winner.
Today, and with hindsight, we now know these were not empty threats, given the tragic events of 1st August, 2018. His latest pronouncements, which are very much in character, show a continued pre-disposition towards political violence, and well-calculated attempts at poisoning the environment for a fair trial by instilling fear in judges so they may, as a result of fear, subvert the law in his favour. It defies legal sense why a person who is an officer of the court seeks to make extra-judicial pronouncements while still making court submissions at the same time, and ahead of due process only two days away.
Zimbabweans should unequivocally reject litigants who try to make up for a bad case through public violence and intimidation of the Bench, and by casting aspersions on our well-regarded judicial system. Indeed this leaves right-thinking people wondering why he has submitted himself to court processes in which he lacks confidence and, what is more, when he disrespectfully seeks to be at once a complainant and a judge in his own case.
Confident litigants respect court processes and avoid running shrill propaganda campaigns against both the Bench and their opponents. Such unlawful conduct further fortifies our long-held view that what Chamisa and his alliance partners are looking for is not justice, but a subversion and reversal of the verdict which the people of Zimbabwe expressed through the ballot box on 30 July, 2018.
The statement by Chamisa is undoubtedly an unwarranted interference with due process.
In all this, they will fail. Equally and against tragic events of August 1, Zimbabwe's priceless peace will not be jeopardised or undermined again by bitter losers who think they can secure through acts of wanton lawlessness what the people of Zimbabwe have denied them through free, fair, transparent and credible democratic processes. To the millions of Zimbabwe who voted our President, ED Mnangagwa into office and who gave Zanu-PF more than two thirds majority in Parliament, we say to you victory in the judicial process is certain.
Chamisa has no valid case and is very much aware of this.
In terms of the law, Chamisa was entitled to apply for the reopening of the ballot boxes within 48 hours after the announcement of the results for a recount. He knows the best evidence is in the sealed ballot boxes. He did not make the application because he knew he had lost the election. Instead, he has chosen to go on a smear campaign, tarnishing our electoral and judicial systems. In Chamisa's own words, he has chosen to throw sand into the meal (kukanda majecha musadza). To those who voted for Chamisa, I ask you to gracefully accept defeat so that the country can move on.
Do not succumb to the incitement by your leaders to commit violence. As what happened on 1 August, 2018, those of your leaders who incited you to riotous behaviour were not to be found at the scene of crime as they had boasted they would do. Rest assured that the law enforcement agencies are ready to deal with any threats to national security and safety.
Just as you cannot give life to a dead horse, even the best lawyers in the world cannot give life to a hopeless case such as the one Chamisa has instituted.
To the masses of Zimbabwe, get set for great jubilation at the inauguration of our ED Mnangagwa as President of our Second Republic, an event which will take place within 48 hours from the pronouncement of the court verdict.
This statement by the Zanu-PF Legal Team was issued by Hon PA Chinamasa, Zanu-PF National Secretary for Finance, August 20, 2018.
His statement this (yesterday) afternoon, which is completely bereft of any legal grounding or basis, builds on many such well-documented utterances and threats which he made throughout the campaign period, including declaring himself the inevitable winner well ahead of the polls, and well before vote counting and the announcement of results; threatening spiralling violence should the vote go against him and, threatening to spoil matters for the eventual electoral winner.
Today, and with hindsight, we now know these were not empty threats, given the tragic events of 1st August, 2018. His latest pronouncements, which are very much in character, show a continued pre-disposition towards political violence, and well-calculated attempts at poisoning the environment for a fair trial by instilling fear in judges so they may, as a result of fear, subvert the law in his favour. It defies legal sense why a person who is an officer of the court seeks to make extra-judicial pronouncements while still making court submissions at the same time, and ahead of due process only two days away.
Zimbabweans should unequivocally reject litigants who try to make up for a bad case through public violence and intimidation of the Bench, and by casting aspersions on our well-regarded judicial system. Indeed this leaves right-thinking people wondering why he has submitted himself to court processes in which he lacks confidence and, what is more, when he disrespectfully seeks to be at once a complainant and a judge in his own case.
Confident litigants respect court processes and avoid running shrill propaganda campaigns against both the Bench and their opponents. Such unlawful conduct further fortifies our long-held view that what Chamisa and his alliance partners are looking for is not justice, but a subversion and reversal of the verdict which the people of Zimbabwe expressed through the ballot box on 30 July, 2018.
The statement by Chamisa is undoubtedly an unwarranted interference with due process.
In all this, they will fail. Equally and against tragic events of August 1, Zimbabwe's priceless peace will not be jeopardised or undermined again by bitter losers who think they can secure through acts of wanton lawlessness what the people of Zimbabwe have denied them through free, fair, transparent and credible democratic processes. To the millions of Zimbabwe who voted our President, ED Mnangagwa into office and who gave Zanu-PF more than two thirds majority in Parliament, we say to you victory in the judicial process is certain.
Chamisa has no valid case and is very much aware of this.
In terms of the law, Chamisa was entitled to apply for the reopening of the ballot boxes within 48 hours after the announcement of the results for a recount. He knows the best evidence is in the sealed ballot boxes. He did not make the application because he knew he had lost the election. Instead, he has chosen to go on a smear campaign, tarnishing our electoral and judicial systems. In Chamisa's own words, he has chosen to throw sand into the meal (kukanda majecha musadza). To those who voted for Chamisa, I ask you to gracefully accept defeat so that the country can move on.
Do not succumb to the incitement by your leaders to commit violence. As what happened on 1 August, 2018, those of your leaders who incited you to riotous behaviour were not to be found at the scene of crime as they had boasted they would do. Rest assured that the law enforcement agencies are ready to deal with any threats to national security and safety.
Just as you cannot give life to a dead horse, even the best lawyers in the world cannot give life to a hopeless case such as the one Chamisa has instituted.
To the masses of Zimbabwe, get set for great jubilation at the inauguration of our ED Mnangagwa as President of our Second Republic, an event which will take place within 48 hours from the pronouncement of the court verdict.
This statement by the Zanu-PF Legal Team was issued by Hon PA Chinamasa, Zanu-PF National Secretary for Finance, August 20, 2018.
Source - This statement by the Zanu-PF Legal Team was issued by Hon PA Chinamasa, Zanu-PF National Secretary for Finance, August 20, 2018
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