By Tendai Kamhungira
Coalition of Democrats (Code) presidential candidate, Elton Mangoma, has backed MDC Alliance leader Nelson Chamisa’s Constitutional Court (Con-Court) challenge to the presidential election results.
Chamisa is challenging results announced by Zimbabwe Electoral Commission (Zec), which claimed Emmerson Mnangagwa won the presidential election with 50, 8 percent.
Chamisa, according to Zec, got 44, 3 percent of the vote.
However, in its response to Chamisa’s application, Zec has since reduced Mnangagwa’s win by 0, 1 percent, claiming there were clerical errors on the figures.
In his response filed on Friday, Mangoma told the court that the 2018 harmonised elections were not free and fair.
“In a nutshell, the election conducted by the 23rd respondent (Zec) does not pass the test of credibility and fairness. It would be a complete travesty of justice for this court to overlook or condone the multiplicity of breaches in the holding of the elections by the 23rd respondent.
Mangoma prayed for the nullification of the results announced by Zec, demanding fresh elections to be conducted within 60 days.
“I accordingly pray as follows: The presidential election of 2018 was not conducted in accordance with the laws of Zimbabwe and was not credible and fair; in terms of section 93(4) (b) an election to the office of the president of the republic of Zimbabwe shall be held within sixty (60) days of this order,” Mangoma said.
He said he relied heavily on the evidence submitted by Chamisa, adding that his own independent investigations tallied with averments made by the MDC Alliance leader.
“The election was also not free from gross electoral malpractices, which tainted the whole process to such an extent that the election cannot be deemed credible.
Basically, the results announced by the 23rd respondent are not accurate, verifiable, secure and transparent as contemplated in the Constitution,” he said adding that Mnangagwa did not garner enough votes entitling him to be declared the winner.
He also said Mnangagwa had been given extra votes in some constituencies like Mt Darwin East and Mbire.
“There were also non-existent polling stations that also show the same trend of giving an advantage to the 1st respondent over his main challenger, the applicant,” Mangoma said.
In his petition, which will be heard on Wednesday, Chamisa claims to have won the election by 60 percent.
He cites mathematical inconsistencies, which he argued if corrected will reduce Mnangagwa’s votes to below 50 percent.
In his affidavit, Chamisa said although he was not the one on trial, his tally of votes was 2 674 032, against Mnangagwa’s 2 008 639.
“I submit that the evidence placed before the court shows gross irregularities which affect the validity of the election and its outcome. That being the case, I submit that the entire process must be declared invalid and accordingly set aside,” he said.
He however, seeks alternative judgment that either declares him the winner of the poll or that a fresh election be conducted. Daily News.