Legal Experts Weigh In On Chamisa’s Chances At ConCourt
Mutare based legal experts have said MDC-Alliance leader Nelson Chamisa Constitutional Court application challenging President Mnangagwa’s win in the July 30 harmonised elections might have failed to convince the bench of judges due to lack of primary evidence.
The legal experts said the election rigging claims brought forward by the applicant should have been laid bare through extracting evidence from sealed ballot boxes.
Mutare-based human rights lawyer, Mr Passmore Nyakureba said the real deal was inside the unsealed ballot boxes.
“What I think about the matter is that it turned its head on the question of the evidence presented before the court. You discovered that from the onset, the judges insisted upon what they called primary evidence which presents the best evidence before the court for it to be to decide.
“From the look of things there has been a lack of that evidence which actually should be found in the material used in the voting; that is the ballots cast and the ballot books from which they were plucked from. After the voting process you noticed that when the counting is done the ballot boxes are sealed then the books that have been used are also put inside and sealed therein. This constitutes what is called the election residue. So it is that evidence which then was not presented before the court because the applicant did not go to the source of that evidence to show that what they are alleging is what actually transpired.
A senior lawyer who requested not to be named concurred with Mr Nyakureba saying the evidence presented by Mr Kanengoni would shape the outcome of the result.
“Chamisa did not provide this information as evidence to the court. So how do you win the confidence of the court when you have not placed primary evidence? I am sure if you recall the Chief Justice questioned Adv Mpofu over this issue. So on that point alone, the applicant’s case suffers a great, great setback. They did not win the confidence of the court. The presentation by Kanengoni was brilliant and superb. He destroyed Chamisa’s case blow by blow, step by step. You can’t take anything away and I am confident that judgement is most likely going to be persuaded by Kanengoni’s submissions,” he said.
Ruling on the petition will be delivered today at 2.
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