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Chamisa drafts fresh court challenge against Mnangagwa

by Mandla Ndlovu
28 Feb 2020 at 06:42hrs | Views
Nelson Chamisa's lawyers have drafted a fresh court petition challenging the declaration of President Emmerson Mnangagwa as the winner of the 2018 Presidential elections.

A leaked front page of the application shows that the application has all the 2018 Presidential candidates, ZEC and ZEC CEO as respondents.

Issuing a statement earlier this week Chamisa's lawyer Thabani Mpofu said, "The general rule is that once a final judgment or order has been given, the judge who gave it or any other judge of parallel jurisdiction has no power to alter, rescind, vary or set it aside, except in the few instances recognised at common law or by the rules of the High Court. One of the exceptions recognised at common law is when the judgment or order has been obtained through fraudulent misrepresentation.

"We have now completed our sober and painstaking study of Excelgate. In embarking on the study, we allowed ourselves to be guided by the remarks of (Justice Luke) Malaba (as he was then) in City of Mutare v Mawoyo 1995 … doubles, Excelgate comes with certain consequences."

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Source - Byo24News