Zimbabwean high court rejects MDC-T petition compelling elections results announcement

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	Zimbabwean high court rejects MDC-T petition compelling elections results announcement

	April 15, 2008 HIGH Court judge Justice Tendayi Uchena yesterday dismissed with costs an application by MDC-T seeking an order compelling the Zimbabwe Electoral Commission to announce results of the presidential election. "The application has been dismissed with costs," said MDC-T lawyer Mr Alec Muchadehama, in a brief statement to journalists. He would not reveal his client's next course of action, saying he needed to get the full written judgment first. The ruling was passed in chambers and Justice Uchena said the full judgment and reasons would follow later. Mr George Chikumbirike, who represented ZEC in the case, also confirmed the dismissal with costs of the MDC-T urgent application. MDC-T went to court on April 5, arguing that the delay in the announcement of the result had caused unnecessary anxiety among its supporters, the nation and the international community. It said the delay was unjustified, adding it had a right to access such information upon demand and request. In his heads of argument, Mr Chikumbirike argued that it would be dangerous for the court to grant an order which might not be complied with. "It would be dangerous to give an order that may not be complied with in view of outside exigencies they (ZEC) are not able to control. This is the reason why the Constitution, in its wisdom, provided that issues of election process are vested within the purview of the commission." He said information on presidential election results was privileged which the commission had an entitlement to relate and release. Mr Chikumbirike said ZEC was created by the coun- try's Constitution and its integrity should not be compromised. He warned that trying to interfere with the independence of ZEC would create problems in future. Mr Chikumbirike argued that ZEC had absolute discretion in matters of elections and the position was not subject to appeal. There was a heavy presence of riot police at the High Court before and after the court's ruling. Commenting on the High Court judgment, chairperson of the Zanu-PF media committee, Cde Patrick Chinamasa, said it was clear from the onset that the MDC-T application had no merit and only sought to cause confusion in the country. "MDC-T application was doomed from the onset as they were trying to stampede ZEC to announce incorrect results in order to cause confusion," he said. He said the application was also meant to cause a delay in the announcement of the results so as to portray the country as one in a crisis. "Their application had no merit and was meant to cause confusion and portray Zimbabwe as being in a crisis. They wanted to precipitate a crisis as they do not want ZEC to correct results or announce results that have not been correctly arrived at." The Ministry of Information and Publicity yesterday said the High Court judgment exonerates Zanu-PF from unfounded allegations made by MDC-T that it was interfering with the electoral process resulting in the delay in the announcement of presidential poll results by the ZEC. In a statement last night, Deputy Minister of Information and Publicity Cde Bright Matonga said the judgment had completely vindicated Zanu-PF. "This position, as found by the court, exculpates Zanu-PF from the allegations made by the applicants (MDC-T) in this matter which were to the effect that the delay as alleged by themselves (MDC-T) in the release of the presidential results were consistent and consequent upon interference by Zanu-PF. "In short, it completely repudiates the interference hype that characterised the reports in the local and international media about the conduct of Zanu-PF," said Cde Matonga. Asked for comment, MDC-T deputy president Thokozani Khupe said the judgment was meant to further delay the election results, adding that her party was disappointed by the court ruling. She repeated her party's claims that it had won the presidential election and insisted there was no need for a run-off.

	Source: esinislam.com + Agencies

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