By Dr Takavafira Zhou.
It was indeed a long day panctuated by submission of the applicant (MDC) and respondents (Zanu pf and Zec).
MDC applicant represented by a legal team led by Adv Tabani Mpofu. His argument was that the election was neither free, fair, transparent and credible. He also advanced that there was romance between Zec and Zanu pf and the illegitimate child was a rigged election. His evidence was many fold, viz,
-Application made in time although sheriff delayed in serving Zanu pf.
-69000 that would not need primary evidence as it is based on figures submitted by Zec
-improbable numbers of more than 370 000 that voted in an hour’s time in Mashonaland Central. Such large numbers of voters within a short stipulated time occured in Midlands and Masvingo.
-40 000 teachers disenfranchised
– identical figures from 16 polling stations etc.
-Unpopulated v11 forms.
-“Qui facit per alium facit per se” – he who acts through another does the act himself.
Zanu pf team led by Adv Uriri put up an evasive but brave submission as first respondent arguing on technicalities, viz,
-That application was filed beyond stipulated 7 days time frame and must be dismissed.
– That they won elections as declared by Zec that has accurate figures
-That applicant did not apply for opening of ballot boxes that would have given applicant primary evidence.
Zec lawyer, Kanengoni was very brave but more technical than looking on the merits of the case.
-He argued that applicant must have applied for the opening of ballot boxes to get primary evidence.
– Tried to justify its figures and dismiss applicant’s figures
-Argued that case was filed out side stipulated time.
-Argued that his evidence is within ballot boxes
After giving Adv Tabani Mpofu the right to rebut his arguments and give response to respondents the court adjourned and the judges will certainly interrogate the submissions made today and consult each other before making judgement on (Friday) or thereafter.
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