Lessons learnt: Constitutional Court election petition

by Prosperity Mzila

Following the Movement for Democratic Change Alliance (MDC Alliance) leader Nelson Chamisa’s election petition that was heard yesterday at the Constitutional Court, where he sought nullification of the June 30 presidential election results, quite a number of people where left enlightened about how the law operates and the court proceedings in general.

Court proceedings began by Advocate Gina Bwandi representing the fifth respondent Dr Noah Manyika, who stunned the panel of nine Judges when instead of filing the opposing affidavits; she apparently started to argue her client’s case. Chief Justice Malaba threw out her case and two others for not following proper court procedures to file their court application.  Justice Malaba accused Bwandi and two others of trying to smuggle their cases through the back door.

MDC Alliance leader Adv Chamisa’s legal counsel Advocate Thabani Mpofu, took the entire country and the outside world through a whirlwind of legal phrases and a lot of folklore as to why his client had applied for the nullification of the presidential election.  It was unfortunate however, that after all the hullabaloo, Advocate Thabani Mpofu was told flat out by the Chief Justice that the court does not rely on words alone, but would require evidence to prove his assertions.  Advocate Mpofu insisted that his evidence was based on the fact that figures do not lie, while continuing to claim that the Zimbabwe Electoral Commission (ZEC) played around with figures to give a win to President-elect Emmerson D. Mnangagwa.  Chief Justice Malaba queried Advocate Mpofu why he was taking court proceedings lightly and not producing evidence to back his assertions, considering also that the election residue could have been at their disposal had they asked for it within the constitutionally stipulated time frame.  

The people of Zimbabwe were so intrigued about the whole process so much that they sat glued to their screens, phones and radios, to hear and to learn about court proceedings.  People appreciated the new found freedom that allows them to participate on national issues.  That also gave them the opportunity to discern for themselves who had ground to stand on.  It was clear yesterday that empty vessels make a lot of noise, Chamisa akayita kunge benzi ranhonga pito going on and on about ZEC having rigged the election.  Adv Mpofu had no evidence to support his claims, it suddenly became a high mountain to climb as he struggled to make his point without supporting evidence   Quiet an embarrassing moment for the MDC Alliance as people began to see right through them and to understand the matrix that was playing all this while.  For Chamisa there was no truth in his allegations, rather he pulled the whole Constitutional Court stunt just to prove he can hold the country at ransom. And he did hold the country at ransom and stalled the rebuilding of our Nation, even to the extent of calling for more sanctions, which America obliged and imposed without an open mind.

Still waters go deep, kunyarara hakusi kupusa, when it was time for ZEC to present its matter before the panel of Judges, Mr Tawanda Kanengoni was calm, collected and laid his arguments while dismissing Advocate Mpofu’s allegations through provision of hard evidence from the primary evidence.  The whole country was left open mouthed as clarity began to sink in.  The truth doesn’t beat about the bush, it lays facts supported by evidence on the table, and waits to see if anyone can dispute that.  No dispute arose except that when Advocate Thembinkosi Magwaliba who stood in for fist respondent presented his affidavit before the panel, people in the different viewing spots nodded in agreement that Chamisa had no Case.  The smooth way in which Kanengoni and Magwaliba presented their matters, showed the people across the world that when Zimbabwe is referred to as a country with the most educated people in Africa it is not just rhetoric but the evidence was hard to miss from their well-laid out arguments.

A lesson learnt is never forgotten, in five years to come people will remember how Nelson Chamisa stalled the rebuilding of this nation for his own selfish gains, they will remember how he contributed to the deaths of six innocent people for his selfish gains, they will remember how he called for the sanctions that continue to affect the ordinary people while he and his cronies continue to live in luxury using donor funds.  People will remember how he split Morgan Tsvangirai’s legacy into two, they will remember how he formed a bond with Robert Mugabe and his crazy wife Gucci Grace, and people will remember how he spent so much money on the Constitutional Court case when a lot of workers remained unpaid at Harvest House.  People will definitely remember not to Vote for him come 2023.