Advocate Uriri’s Advice To Mnangagwa Full Script
EX PARTE: EMMERSON DAMBUDZO
(1) WHEN DOES THE TIME WITHIN WHICH
A CHALLENGE TO CONSULTANT’S
ELECTION AS PRESIDENT OF
(2) WHEN IS INAUGURATION DAY
ASSUMING THAT NO PETITION AS
FILED WITHIN THE TIME ALLOWED BY
(3) DOES THE FILING OF A PETITION
DELAY INAUGARATION DAY?
COUNSEL: LEWIS URIRI
THE TEMPLE BAR, HARARE
FOR: MUTUMBWA, MUGABE &
REF: Mr. S.I Mutumbwa
FEE: DEBIT NOTE ENCLOSED
Advocates’ Rooms at the Inner Temple
ZIMBABWE INNS OF COURT
EX PARTE: EMMERSON DAMBUDZO MNANGAGWA
(4) WHEN DOES THE TIME WITHIN WHICH A CHALLENGE TO CONSULTANT’S ELECTION AS
PRESIDENT OF ZIMBABWE LAPSE?
(5) WHEN IS INAUGURATION DAY ASSUMING THAT NO PETITION AS FILED WITHIN THE TIME ALLOWED BY LAW?
(6) DOES THE FILING OF A PETITION DELAY INAUGARATION DAY?
COUNSEL’S OPINION AND ADVICE
1. I am instructed on an urgent basis to immediately render the present opinion and advice. I am instructed on behalf of Emmerson Dambudzo Mnangagwa (“my consultant”). My consultant is the President Elect of the Republic of Zimbabwe. He was declared duly elected as President of the Republic of Zimbabwe by the Zimbabwe Electoral Commission on the 3rd August 2018 following elections held in Zimbabwe on the 30th July 2018.
2. I am instructed to render an urgent opinion on the following questions:
2.1 Whether my instructing attorneys are correct in their interpretation that, in view of rule 3 of the Constitutional Court Rules, 2016 (“the Constitutional Court Rules”), the last day for filing of a petition challenging my consultant’s election as president of the Republic of Zimbabwe is the 16th August 2018?
2.2 Whether my instructing attorneys are correct in their view that in the event that no election petition is filed, inauguration day would be Monday the 20th August 2018?
2.3 Whether inauguration can still take place notwithstanding the filing of an election petition challenging my consultant’s election as the President of the Republic of Zimbabwe?
SYNOPIS OF MY OPINION AND ADVICE
3. The time for any challenge to my consultant’s election as the President of Zimbabwe lapses at midnight on the 10th August 2018.
4. Inauguration day, in the event that no petition is filed, is Sunday the 12th of August 2018.
5. Inauguration will be stayed by operation of law in the event of a petition having been filed on or before midnight on the 10th August 2018. Inauguration will, in that event, take place within 48 hours of the Constitutional Court declaring a winner. In my calculation, inauguration will be within 48 hours of the 24th of August 2018, that is either on the 25th or at the very latest on the 26th August 2018.
WHEN DOES THE DIES INDUCIAE FOR THE FILING OF A PETITION CHALLENGING MY CONSULTANT’S ELECTION AS PRESIDENT OF ZIMBABWE LAPSE?
6. Section 93 of the Constitution of Zimbabwe reads in relevant part
“93 Challenge to presidential election
(1) Subject to this section, any aggrieved candidate may challenge the validity of an election of a President or Vice-President by lodging a petition or application with
the Constitutional Court within 7 days after the date of the declaration of the results of the election.”
(The emphasis is mine).
7. The petition must be filed pursuant to rule 23 of the Constitutional Court Rules which reads in pertinent part as follows:
“Dispute relating to the election to the office of President or Vice President
23. (1) An application where the election of a President or Vice President is in dispute shall be by way of court application.
(2) The application shall be filed with the Registrar and shall be served on the respondent within 7 days of the date of the declaration of the result of the election.”
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