Zimbabwe's opposition MDC Alliance leader Nelson Chamisa speaks at a press conference in Harare, Zimbabwe, Aug. 25, 2018. Zimbabwe's main opposition MDC Alliance on Saturday threatened street protests demanding poll victory which the Constitutional Court has rejected. Zimbabwe's Constitutional Court on Friday dismissed an application by opposition leader Nelson Chamisa seeking to set aside the result of the July 30 presidential election won by President Emmerson Mnangagwa. (Xinhua)
HARARE, Aug. 24 (Xinhua) -- Zimbabwe's Constitutional Court on Friday dismissed an application by opposition leader Nelson Chamisa seeking to set aside the result of the July 30 presidential election won by President Emmerson Mnangagwa.
This paves the way for Mnangagwa, who was the first respondent in the matter, to be inaugurated on Sunday in accordance with the law.
The Zimbabwe Electoral Commission (ZEC) declared him winner with a revised 50.67 percent of the vote against nearest rival Chamisa's 44.3 percent.
Chamisa challenged the result alleging various electoral malpractices on the part of Mnangagwa and ZEC.
He sought the court to declare that the presidential election was not conducted in accordance with the law and was not free and fair; that the declaration of Mnangagwa as duly elected was unlawful; and that he be declared duly elected president instead of Mnangagwa.
However, the Constitutional Court, comprising nine judges of the Supreme Court, found otherwise.
Delivering judgement, Chief Justice Luke Malaba said the application was dismissed with costs and that the decision was unanimous.
He said Chamisa had failed to provide the necessary evidence on the allegations he had made against Mnangagwa and ZEC.
"In the final analysis the court finds that the applicant has failed to place before it clear, direct, sufficient and credible evidence that the irregularities that he alleges marred the election process materially existed," he said.
Mnangagwa, who was initially due to be inaugurated on Aug. 12 had Chamisa not lodged the application, will now be inaugurated at the National Sports Stadium in Harare Sunday, with the court upholding his victory.
Malaba said it was not easy to set aside a presidential election on the basis of mere allegations of irregularities.
"It is an internationally accepted principle of election disputes that an election is not set aside easily merely on the basis that irregularities occurred. There is a presumption of validity of an election.
"This is so, also because as long as the election was conducted substantially in terms of the constitution and the governing laws it would have reflected the will of the people. It is not for the court to decide an election. It is the people. It is the duty of the courts to strive in the public interest to sustain that which the people have expressed their will in," he said.
