WATCH LIVE UPDATES: Zimbabwe election petition

This marks the end of the live updates from the Constitutional Court of Zimbabwe

The court reserves judgement to 14:00 on August 24, 2018

Mpofu is told by the Chief Justice that his time is up

The validity of the election must be set aside by ZEC's own admission that it is not sure of the figures that the first respondent garnered

If Mnangagwa claims to have won the election he should give us the figure, says Mpofu

ZEC has not denied that unaccounted votes came from non existent polling stations, says Mpofu

Mpofu: The results announced in Mbire and Rushinga do not tally and some 40 000 parliamentary votes are not accounted for

Mpofu: ZEC changed its results before any application was brought before the court and also changed the results after the application has been filed, therefore, it cannot be said to be true that ZEC changed its results in response to the election.

The law requires that results to be announced should be final. Results that were changed three times in two weeks cannot be said to reflect a credible election

Mpofu says the lodging of the application was done on time and the sheriff was given papers on time to serve the respondents

We rely clearly on the analysis of the expert so the first respondent to say the expert only knows about fish when Dr Outumba gave evidence in the Raila Odinga court case is totally unacceptable, says Mpofu

The number of teachers referred to were by unions who approached the courts and got an order so the number can be accounted for

ZEC must be satisfied that there is a winning candidate so it must be satisfied that there is candidate who has 50% plus one vote to be declared winner, says Mpofu

The application has taken ZEC figures and voters roll and shown the inaccuracy of the results announced, says Mpofu

There is a mathematical challenge and when ZEC starts revising its own figures the presumption of irregularities fall away and become fact that results are not genuine therefore the result must be set aside

Mpofu says Mnangagwa is so scared to deal with the applicant's case

Advocate Thabani Mpofu says he wants 20 minutes to reply

Chamisa's attorney now replying

Asked by judge Rita Makarau why there is a difference between presidential and parliamentary votes cast, Kanengoni says voters are not obliged to vote in all elections for the president, member of parliament and councilor

Kanengoni says all the V11 forms were signed by all the party agents at the respective polling stations

Kanengoni replies that it did happen but they only took two samples that are backed by V11 forms

But judge Chiweshe says they were 16 as alluded to by Chamisa's attorney

Kanengoni admits that there were similar returns at two polling stations but argues that the stations are in different areas

The first respondent won the application, says Kanengoni. The applicant did not ask for a recount within the stipulated and we have to rely on figures released by the ZEC

Kanengoni replies that upon receipt of the data, ZEC subjected the data to analysis and recorded a variance of 0.1% and that does not change the result of the election

The Chief Justice asks why the ZEC abandoned figures that it initially announced

No police officer has come before the court with an affidavit to say that I was disenfranchised of my right to vote through postal voting, adds Kanengoni

The wearing of the scarf by the electoral commission chief way before the sitting of the nomination court cannot be used as evidence to say that there was bias on the part of the electoral commission chief, says Kanengoni

"The commission has not been changing the results of the election. A proper analysis of the election cannot be done through samples but can only be made through real data therefore the election result should not be overturned because there is no basis to do that," says Kanengoni

There is only a variance of 0.1% of the results announced and that does not change the validity of the elections, says Kanengoni.

The allegation that there were many assisted voters is not linked in any way to the result of the election. In any case ZEC's role was only to facilitate that everyone cast his or her vote, says Kanengoni

The V11 forms were also signed by all polling agents including MDC Alliance agents, says Kanengoni

Kanengoni: We have put the complete V11 form as opposed to what the applicant says was an incomplete V11

Kanengoni: The affidavit of Joseph Madzudzo that alleges that there was forging of figures on V11s was dealt with in papers before the court as opposed to what the applicant's lawyers said in their submissions

Kanengoni: The applicant did not provide the V11 forms which is the primary data. The onus is on the applicant to prove any over voting in order to debunk what was announced by ZEC

Kanengoni: There is no particularity on how the alleged rigging took place. The applicant did not attach any evidence to substantiate his claims

We don’t know how the applicant compiled his data but the Zimbabwe Electoral Commission is convinced that there is no polling station where there was some over-voting, says the ZEC lawyer

There is no discrepancy between what was announced and the voter turnout, says Kanengoni

ZEC did make provisions for people who wanted to be ZEC officials on Election Day to vote, therefore, the 40 000 figure is out, says Kanengoni

It is not known who the 40 000 teachers referred would have voted for, argues Kanengoni

Kanengoni: There is no indication that all the teachers who were deployed as election officials were registered, says Kanengoni

The only variance is the total figure, says Kanengoni

The figures presented by Chamisa showing a variance of figures has been mischaracterised by the applicant

The ZEC attorney says Chamisa's lawyers filed an incomplete application with missing papers

Kanengoni says the applicant tried to serve papers on the 10th of August without the assistance of the sheriff

Kanengoni: The definition of of lodging refers to the filing and serving of papers through the sheriff by an applicant, therefore, the applicant cannot deny that he filed his papers out of time

ZEC lawyers now arguing

Tawanda Kanengoni is the lead ZEC lawyer

Court adjourns for 10 minutes

Uriri cites the American presidential vote count to defend ZEC's revision of numbers

The law in Zimbabwe allows voters to be assisted by people of their choice and there is proof of coercion, says Uriri

It is our prayer that this case be dismissed because at the end of this hearing no one knows how many votes should be subtracted from the first respondent as no proper grounds have been established by the applicant, say Magwaliba

Magwaliba: The application was not served within the proper period of 7 days as stipulated by the law. Lodging an application and serving of papers to respondents should be done within those 7 days but the applicant chooses to blame the sheriff

Allegations of bribery referred to in the heads of arguments have not been established, says Magwaliba

Dr Outumba is not a neutral expert whose evidence should be disregarded, says Magwaliba

No one knows whether 40 000 teachers were disenfranchised of their rights to vote as no one approached the courts to complain, says Magwaliba

The applicant does not say how many votes he lost as a result of the design of the ballot papers, says Magwaliba

Magwaliba: The applicant does not deny that all parties were given sample ballots during multi-party liaison committee meetings

It is our prayer that this case be dismissed because at the end of this hearing no one knows how many votes should be subtracted from the first respondent as no proper grounds have been established by the applicant, say Magwaliba

Magwaliba: The application was not served within the proper period of 7 days as stipulated by the law. Lodging an application and serving of papers to respondents should be done within those 7 days but the applicant chooses to blame the sheriff

Allegations of bribery referred to in the heads of arguments have not been established, says Magwaliba

The fish expert, Dr Outumba is not a neutral expert whose evidence should be disregarded, says Magwaliba

No one knows whether 40 000 teachers were disenfranchised of their rights to vote as no one approached the courts to complain, says Magwaliba

No one knows whether 40 000 teachers were disenfranchised of their rights to vote as no one approached the courts to complain, says Magwaliba

The applicant does not say how many votes he lost as a result of the design of the ballot papers, says Magwaliba

Magwaliba: The applicant does not deny that all parties were given sample ballots during multi-party liaison committee meetings

The applicant did not audit the voters roll, adds Magwaliba

The electoral playing field was very even, says Magwaliba

ZEC denies that it gave any phone numbers to the ruling party and first respondent, says Magwaliba

No evidence led by applicant to suggest that some unnamed traditional leaders marshaled villagers to polling stations, says Magwaliba

The applicant did not write any single letter to the state media complaining of a skewed media coverage, says Magwaliba

Magwaliba says the averments cannot stand because the affidavit referred to by Mpofu deposed by Magunje was not served on ZEC

The only admissible figures are those that have been produced by ZEC which translate to 50.67% in favour of President Mnangagwa, says Uriri before deferring proceedings to his colleague Magwaliba

Adv Lewis Uriri for Mnangagwa says while Chamisa is querying the final tally in Mash Central because only 105 000 people had voted by 5.30pm as reported by ZBC, the same opposition leader conveniently ignores a similar surge in late voters in Harare where the MDC Alliance won

— Brezh Malaba (@BrezhMalaba) August 22, 2018

You need direct evidence to set aside the poll results, say Uriri

The voter turnout as declared by ZEC was 85.1% and that accounts for the 700 000 votes alluded to by the applicant, argues Uriri

Uriri: The integrity of Chamisa's figures cannot be vouched for and they have been created as they did not originate from the official keeper of those figures

The voter turnout as declared by ZEC was 85.1% and that accounts for the 700 000 votes alluded to by the applicant, argues Uriri

Uriri: The integrity of Chamisa's figures cannot be vouched for and they have been created as they did not originate from the official keeper of those figures

Uriri: What materials did he use and where did he get those materials

Advocate Uriri posits that "The point we are making is that the primary evidence of the actual votes cast is available and it is preserved by operation of law,"

Advocate Uriri says Chamisa's lawyer is relying on some '4th bundle of evidence,' which has not been placed before the court.

Advocate Lewis Uriri for Pres @edmnangagwa argues that @nelsonchamisa lawyers have failed to prove beyond reasonable doubt what they allege. Says they made "bold but unsubstantiated" allegations @StarfmZimbabwe @HeraldZimbabwe @capitalkfm #ConCourtDecides

— Star FM News (@StarFMNews) August 22, 2018

Where does the applicant get the figures when he has not approached the keepers of those figures and source documents, says Uriri

Evidence of ballot papers to each polling station and the number of ballot papers used at each polling are also available, says Uriri

Uriri: The evidence of electoral residue is still available

Chamisa should have applied to the electoral court to unseal the election residue within 48 hours as stipulated by the law, says Uriri

The applicant must bring to court the object that is alleged to be primary source of the allegations of voter fraud, says Uriri

Mnangagwa's lawyer Uriri says the application is improperly before the court as the documents were not properly served on Mnangagwa

GREAT INTEREST: Zimbabweans countrywide follow the ConCourt proceedings on television. pic.twitter.com/yAfuvOh7yp

— ZBC News Online (@ZBCNewsonline) August 22, 2018

Court session has resumed and Mnangagwa's lawyer Lewis Uriri takes to the stand to oppose the Chamisa submissions.

United Democratic Alliance leader, Shumba takes to the stage

United Democratic Alliance leader, Shumba takes to the stage

Justice Makarau says the respondent could have filed papers as a co-applicant

Manyika's attorney insists that her client must be heard

The lawyer says Manyika supports Chamisa's application that the July 30 election is invalid but differs on remedies. Manyika is against remedies suggested by Chamisa

Chief Justice Luke Malaba says the law is very clear that an aggrieved candidate in an election has a right to challenge the results within seven days which the respondent should have done within the stipulated period

"The court cannot close the door for cited respondents to make submissions in a case that they have an interest in."

Lawyers representing one of the independent presidential candidates say all those who have been cited have an interest in the case and should be allowed to respond because the respondent has an interest in the case

Chief Justice Luke Malaba spells out how the Constitutional Court hearing will proceed. There are 4 categories of participants: applicant, respondents opposing, respondents supporting, and those who want to be excused.

YOU WIN, WE WIN & ZIMBABWE WINS...The ‘A’ legal team minus the SA team who are at court to secure their permits..The team is ready to defend your vote & victory to reveal God’s Glory!!#Godisinit pic.twitter.com/56M1PWMGKh

— Nelson Chamisa (@nelsonchamisa) August 22, 2018

Chamisa's South African lawyers have finally been allowed into the Constitutional Court. It's not clear whether they'll be allowed to represent him.

Nelson Chamisa's South African lawyers have finally been allowed into the Constitutional Court. It's not clear whether they'll be allowed to represent him. Chamisa's team says it's filing an urgent court application to allow the lawyers to represent him. #ElectionPetitionZW pic.twitter.com/39H1mFutJ5

— Brezh Malaba (@BrezhMalaba) August 22, 2018

Chamisa's local lawyers have just filed an urgent application at the High Court challenging the decision by the justice ministry to bar top lawyers from South Africa, including Dali Mpofu, from practicing in Zimbabwe.

The situation outside the Constitutional Court in Harare right now.

One of the MDC Alliance lawyers arriving at the Constitutional Court. (Picture: Frank Chikowore, News24)

MDC Alliance lawyers arriving at the Constitutional Court, as tweeted by Al Jazeera's Haru Mutasa.

#Zimbabwe MDC Alliance lawyers arrive at court
Video credit @cyrusnhara_4787 pic.twitter.com/c98ClZaxUj

— harumutasa/aljazeera (@harumutasa) August 22, 2018

Al Jazeera journalist Haru Mutasa says the media has been barred from bringing phones and other recording devices into the constitutional court. Journalists are only allowed to to bring in notebooks and pens.

#Zimbabwe security tight at the Constitutional Court. Media told they can only bring in notebooks and pens. No phones or other recording devices
Video credit @cyrusnhara_4787 pic.twitter.com/9R8vLTBzOi

— harumutasa/aljazeera (@harumutasa) August 22, 2018

Nelson Chamisa's South African advocates Tembeka Ngcukaitobi and Dali Mpofu have arrived at the Constitutional Court

The prologue to epic courtroom drama. Nelson Chamisa's dream team:South African advocates Tembeka Ngcukaitobi (left) & Dali Mpofu outside the Constitutional Court in Harare. The legal firepower on display is breathtaking.But can they win this important case? #ElectionPetitionZW pic.twitter.com/JNGNpAyLlk

— Brezh Malaba (@BrezhMalaba) August 22, 2018

Today’s front pages as Zimbabwe’s Constitutional Court hears presidential election petition by Nelson Chamisa#ElectionPetitionZW #ElectionsZW pic.twitter.com/cIeSEDSOTZ

— Larry Moyo (@larry_moyo) August 22, 2018

There is tight security in Zimbabwe's capital on Wednesday as the Constitutional Court is set to hear the main opposition party's challenge to the results of last month's historic presidential election.

Police have barricaded the roads around the court in central Harare as tensions have risen ahead of the crucial court case which will decide if the election of President Emmerson Mnangagwa is valid.

The opposition claims the vote had "gross mathematical errors" and it seeks a fresh election or a declaration that its candidate Nelson Chamisa is the winner of the July 30 vote. - AP

Qhubani Moyo (3rd right), the most visible of all ZEC commissioners in this election, arrives at ConCourt. He's accused by the opposition of taking sides with Zanu-PF. To his credit, though, he was very accessible on social media. #ElectionPetitionZW pic.twitter.com/bVWvXxzHmq

— Brezh Malaba (@BrezhMalaba) August 22, 2018

Biti has also arrived at the Constitutional Court.

Tendai Biti, a lawyer and one of the opposition MDC Alliance principals, arrives at ConCourt. Had he not been illegally deported from Zambia by President Edgar Lungu, he wouldn't be here. In every cloud, a silver lining. Or perhaps not. #ElectionPetitionZW pic.twitter.com/zWz43EffwD

— Brezh Malaba (@BrezhMalaba) August 22, 2018

Some judges arrive at the Constitutional Court in Harare ahead of the high-stakes election petition hearing.

Some judges arrive at the Constitutional Court in Harare ahead of the high-stakes election petition hearing. Official proceedings are scheduled to begin around 10am. #ElectionPetitionZW pic.twitter.com/HjX879KHbv

— Brezh Malaba (@BrezhMalaba) August 22, 2018

One of the President Emmerson Mnangagwa's lawyers, Munyaradzi Paul Mangwana has also arrived at the Constitutional court.

Munyaradzi Paul Mangwana, one of Emmerson Mnangagwa’s lawyers, arrives at the ConCourt in Harare. A lot is at stake. #ElectionPetitionZW pic.twitter.com/IDC5JkjdYj

— Brezh Malaba (@BrezhMalaba) August 22, 2018

The arrival of Zimbabwe's Electoral Commission chairperson Priscilla Chigumba chairpeson at the Constitutional Court in Harare

Zimbabwe Electoral Commission chairperson Priscilla Chigumba arrives at the Constitutional Court in Harare. Can she emerge unscathed? #ElectionPetitionZW pic.twitter.com/zmzK7m5jIb

— Brezh Malaba (@BrezhMalaba) August 22, 2018

CONSTITUTIONAL COURT COMES ALIVE TODAY: In a matter considered heavy-weight, the Constitutional Court today hears an election petition in which opposition leader @nelsonchamisa wants the Presidential election result declared null & void. Hysteria & anxiety have gripped Zimbabwe. pic.twitter.com/caepPtWicw

— Harare Sun (@HarareSun) August 22, 2018

Many on social media say that Zimbabwe's Constitutional Court is on trial today to demonstrate impartiality.

Zimbabwe's fate lies with nine Constitutional Court judges, who will preside over the matter which will decide on who will lead Zimbabwe for the next five years.

Chief Justice Luke Malaba will lead a cast of eight judges picked from the 14 Supreme Court judges. These include Deputy Chief Justice Elizabeth Gwaunza, former Zimbabwe Electoral Commission (Zec) chairperson Justice Rita Makarau, Justices Paddington Garwe, Chinembiri Bhunu, Baratkumar Patel, Ben Hlatshwayo, Tendai Uchena and Lavender Makoni.

The Zimbabwe police have banned the carrying of cell phones and other electronic gadgets into the Constitutional Court (ConCourt) premises.

"The Zimbabwe Republic Police wishes to inform the nation that people who will be attending the Constitutional Court on the 22-23 August 2018 will not be allowed to carry electronic gadgets like cell phones, laptops, cameras or other recording devices," police spokesperson Senior Assistant Commissioner Charity Charamba is quoted as saying in a statement.

"To avoid unnecessary delays please leave these items elsewhere. Only accredited individuals will be allowed access to the Constitutional Court premises. "We kindly request cooperation with law enforcement agents in that regard."

SABC is reporting that the Zimbabwe police are on high alert ahead of the election court bid.

The report says that all Zimbabwean police have been recalled from leave to be deployed outside the Constitutional Court and around the country.

See the SABC tweet below

Zimbabwe police on high alert ahead of election court bid

All Zimbabwe police have been recalled from leave to be deployed outside the Constitutional Court and around the country. https://t.co/smni2AlwQ6 pic.twitter.com/4FGyh5nRsX

— SABC News Online (@SABCNewsOnline) August 22, 2018

Zimbabwe presidential election petitions

1. Tsvangirai petition (2002)
-Remains unresolved

2. Tsvangirai petition (2013)
-Court ruled that the elections were free, fair & credible

3. Chamisa petition (2018)
-Pending pic.twitter.com/iT4UJsZFH5

— Povo Zim (@povozim) August 21, 2018

Reports on social media indicate that Chamisa's SA lawyers have arrived in the country for the petition.

Watch the video below in which Chamisa's spokesperson Nkululekop Sibanda says the lawyers have been accredited to be in court... "an that's all that matters".

VIDEO:@nelsonchamisa's international lawyers arrive from SA for 2moro's poll petition. I asked @DrNkuSibanda if their work permit issues hv been finalised.He said they are accredited to be in court & can continue to work as part of the team & that is all that matters for now👇🏾 pic.twitter.com/l53z7jnXme

— Violet Gonda (@violetgonda) August 21, 2018

Zimbabwe’s justice minister indicated this week that applications by Nelson Chamisa’s South African lawyers to appear in Harare’s Constitutional Court arrived late and didn’t have supporting documents.

Ziyambi Ziyambi told state ZBC radio on Monday that the applications arrived after he’d already left his office on Friday. He said he’d written to the lawyers to get them to send the information on Monday, but had only received documents for one of the lawyers – Advocate Jeremy Gauntlett.

But Chamisa’s spokesperson, Nkululeko Sibanda, played down the issue of the South Africans not getting permits.

“When we were talking to them we were clearly aware that the chances of them being allowed to operate in the country were very slim,” he told News24.

He said the MDC Alliance had hired the lawyers for their expertise and not necessarily to argue the case before the court.“The brains and expertise don’t need a visa to operate in the country,” he added.

International monitors largely praised the conduct of the election itself, although EU observers said that Mnangagwa, a former long-time Mugabe ally, benefited from an "un-level playing field".

The court could declare a winner, call another election, or order a run-off or recount.

The inauguration should take place within 48 hours of the court's ruling, according to the constitution. - AFP

Derek Matyszak, a legal expert at the University of Zimbabwe, says the opposition faces an uphill struggle given the courts' historic tilt towards Zanu-PF, which has ruled since independence from British colonial rule in 1980.

"The outcome is pretty predictable," Matyszak said. "There is absolutely no chance of the election results being overturned.

"The judiciary (is) perceived to be partisan. Once the ruling is made, Chamisa will accuse it of bias and try to make political capital out of it."

The MDC's appeal, which was lodged hours before the deadline on August 10, has already forced Mnangagwa's inauguration - planned for August 12 - to be postponed. - AFP

Senior Zanu-PF legal representative Patrick Chinamasa has ridiculed the MDC's legal bid.

"Just as you cannot give life to a dead horse, even the best lawyers in the world cannot give life to a hopeless case," he said in a statement.

"To those who voted for Chamisa, I ask you to gracefully accept defeat so that the country can move on."

The MDC has cited a catalogue of irregularities and discrepancies including more people voting at some polling stations than were registered.

The case, presided over by nine judges at the country's top court, will be broadcast live on state television. A ruling is expected by Friday. - AFP

Zimbabwe's Constitutional Court will Wednesday hear an opposition petition seeking to overturn the presidential election result, in a legal challenge seen as unlikely to succeed despite allegations of vote fraud.

The Movement for Democratic Change (MDC) has accused the ruling Zanu-PF party and the election commission of rigging the July 30 vote, Zimbabwe's first poll since the ousting of Robert Mugabe last year.

Mugabe's successor, Emmerson Mnangagwa, won with 50.8% of the vote - just enough to avoid a run-off against the MDC's Nelson Chamisa, who scored 44.3%.

"We have a very strong case and we are going to reverse the electoral fraud," Chamisa told reporters this week.

"We are going to defend your vote, our vote, the people's vote. We have no doubt that victory is certain."

Mnangagwa, who has vowed to turn around Zimbabwe's ruined economy, hoped the elections would draw a line under Mugabe's repressive 37-year rule.

The election campaign was more open than previous votes, but was marred by the army opening fire on protesters, killing six, allegations of vote-rigging and a crackdown on opposition activists.

"I won the court case before it began," Mnangagwa said on the sidelines of a regional summit in Namibia at the weekend.

"It's declared free and fair... why would I ever think that I will lose?"

The Africa Judges and Jurists Forum (AJJF) has dispatched senior judges and jurists to observe the court challenge.

"The Africa Judges and Jurists Forum will be represented by secretary-general Martin Masiga from Uganda, Retired Chief Justice Earnest Sakala of Zambia and Justice Isaac Lenaola from the Supreme Court of Kenya," Arnold Tsunga, Africa director at International Commission of Jurists is quoted as saying.