Supreme Court finds Tsvangirai’s election case “not urgent”

Zimbabwe’s Supreme Court agreed the 2013 election case is not urgent

SW Radio Africa
By Tererai Karimakwenda
23 January 2014

Former Prime Minister Morgan Tsvangirai’s legal efforts to gain access to materials from last year’s disputed elections suffered a setback again Thursday, when the Supreme Court upheld a lower court’s finding that the case was not an urgent matter.

The MDC-T leader filed two urgent applications at the Electoral Court in August last year, seeking an order directing the Zimbabwe Electoral Commission (ZEC) to open ballot boxes from the disputed July 31st poll.

Tsvangirai insisted there had been massive rigging and Mugabe’s claim to a 61% victory was therefore fraudulent. But Justice Chinembiri Bhunu dismissed the applications saying there was no urgency. This was upheld by the Supreme Court on Thursday.

Back in August Justice Bhunu also went further to accuse Tsvangirai’s lawyers of “bringing the integrity of the judiciary into disrepute” and recommended that they be prosecuted by the then Attorney General, Johannes Tomana.

The lawyers, Alec Muchadehama, Advocate Lewis Uriri and Tarisai Mutangi had simply included with their applications, a report from the MDC-T which criticized the judiciary.

“The Supreme Court disagreed with the judge of the Electoral Court, where he found that the lawyers were contemptuous or had brought the reputation of the court into disrepute. The Court found this ruling was not even necessary. It should not have been made in the first place,” lawyer Mutangi told SW Radio Africa.

Regarding Tsvangirai’s appeal, Mutangi said: “It means the applications are not urgent and do not have to be dealt with immediately. They are to be filed and then follow the normal procedure of all other court applications. This could mean months before the case is heard or considered.”

With the Supreme Court now having upheld Justice Bhunu’s dismissal, it is not clear what the MDC-T leader will do next. But more than six months have passed since the election results that he is challenging were announced. The MDC-T is participating in parliament and in local Councils.

Some observers now question the point of continuing the legal case.



9 Responsesto “Supreme Court finds Tsvangirai’s election case “not urgent””

  1. Chimbwido Warvet says:

    Of course, it is not urgent at all. It is now seven months since the defeat of the MDC-T but its leadership is still crying foul. Perhaps, they should wait for the coming of the Messiah to know they lost the election and that our justices have more pressing legal matters to attend to. They can not urgently expend their energies in dealing with a politician who lost the election whose result has been recognised by the majority of countries across the globe. It is a waste of time, energy and money. I am sure Morgan Tsvangirai does not appreciate that each time our justices sit in a court of law, taxpayers pay handsomely for their service.

    • succuba says:

      Why are the zanoids refusing to hand over the electronic version of the voters roll?

      The constitution says it MUST do… is the constitution not worth the paper its printed on Chimbwido?

      • Chimbwido Warvet says:

        I can not answer for the zanoids whatever that means. What I know is that Morgan Tsvangirai has lodged his grievances over the conduct of elections which the justices of this country will deal with when they give priority to more pressing legal matters. His grievances have not been ignored at all as they will be dealt with when it is convenient for the justices. What Morgan Tsvangirai can not do is to demand that his legal query be dealt with first before those that were brought the to the court ahead of his case.

        • succuba says:

          You know perfectly well the meaning of the word zanoid, stop making yourself look foolish here.

          Is a direct challenge to the fraudulent leadership of Zimbabwe not a priority?

    • wilbert says:

      Mugabe rigged the elections and he is therefore illegitimate. If he did not rig the elections he would be keen to release the voters roll so that everyone will see it was clean. He knows the voters roll is the smoking gun of the rigged elections and that is why he will never release it. Never ever!
      By refusing to release the voters roll Mugabe has tacitly accepted that he rigged the elections. We are not bother about him releasing the voters roll; that is now academic. What we are demanding now is that he must go, he is illegitimate. Zimbabwe is desperate to end these years of mismanagement, corruption and looting by a group of thugs imposing themselves on the nation.
      Enough is enough we want a legitimate government elected by the people of Zimbabwe registered in a voters roll free for all to see.
      The Zanu PF dictatorship is imploding; Mugabe’s days in power are numbered. Mugabe is going the greatest worry right now is to ensure the tyrant and the dictatorship does not take the nation with them as they tumble over the edge into the abyss.

      • Chimbwido Warvet says:

        You can go through all the foolish articles you have written over the years saying the same thing over and over again and note that not even one of your dreams has come to fruition. It is just a waste of your time and that of the pirate radio station that instructs you to spew this garbage.

        No voters roll will be released seven months after the general elections and you should get used to this reality. We know you guys very well what you are capable of doing if it is released for public scrutiny. You will come up with another excuse and bring into play other sinister ploys employed by ZANU PF to manipulate the election result. That much, we are fully aware and we will not give you a chance to pick another useless argument for the failure at the polls of Morgan and his MDC-T

        • wilbert says:

          The CIO numbers were boosted by a staggering 10 000 last year alone and they help implement the vote rigging and their presence of web sites like this one could not have been missed. And yet all the vote rigging and propaganda offensive have not stopped the economic melt-down, the prelude to the implosion of the Zanu PF dictatorship.

          Mugabe’s project to create the North Korea style Police State is not going to happen.

          We all know Mugabe and his cronies are going to have a tough time holding on to their loot since none of them can explain how they came to own. It is worse for those with the blood of the over 30 000 murdered by the regime on their hands.

          The blatant vote rigging was the regime’s last ditch effort to stop the dreaded regime change and the certainty of losing the loot and justice. The reckless spending to finance the vote rigging has backfired; it has precipitated the economic melt-down and the dreaded regime change is now unavoidable!

          There is one dream I have worked hard and will see come and that is to see and end to this corrupt and oppressive Zanu PF dictatorship. It has not happened, I agree but even you will have to admit that it nearly happened in 2008 if only that blundering idiot Tsvangirai has not left Mugabe off the hook.

          Of course I am furious at Tsvangirai and that is why would I call him a blundering idiot who should be kicked out of the $4 million mansion and send back to Buhera to herd goats.

          The blatant vote rigging by Mugabe was an act of desperation on his party but his reckless spending to finance it has been a double edged sword. It helped him pull-off the vote rigging but left the nation bankrupt. Mugabe needs financial help but there is no one willing to give him a penny – not even the Chinese! Even they are sensing that the tyrant and his party are on their death bed.

          Yes Mugabe and Zanu PF’s grip on power is slipping. It has been long in coming but what of it; what matters now is that it is here and the nation’s hopes and self-confidence in a better tomorrow will spring back to life like the green of spring after the first rains!

          Mugabe and a few others can see the writing on the wall but idiots like you are refusing to see it. In your futile effort to hold back the tide of change let us hope you will not be tempted to commit or incite the commitment of more human rights violations.
          Mugabe will abandon you and you will be left holding the murder weapon.

          Frankly I do not care whether Mugabe releases the voters roll or not at present. What matters is that he is forced out of office. There are hundreds of thousands Zimbabweans out there how will tell all the dirty details if offered a reduction of their jail term for their part in the whole sorry affair. The truth is just too big for Mugabe to take to his grave!

          • Chimbwido Warvet says:

            ”Of course I am furious at Tsvangirai and that is why would I call him a blundering idiot who should be kicked out of the $4 million mansion and send back to Buhera to herd goats,” Wilbert Muroyi said.

            I read every word that came out of your foolish mouth and noted that you were not furious with the Warvet but with the ”blundering” Tsvangirai. Well, that is a problem you should sort out with the MDC-T president. He should have gone to herd goats, bulls and cows a long time ago but your vice president Khupe and close associates will have most to lose with his ouster and have pledged their loyalty to a leader who has lost election after election. That explains why you are furious at Tsvangirai but what you fail to understand is that in any election, there are winners and losers.

  2. wilbert says:

    One cannot help be hold the whole judiciary system in Zimbabwe in total
    contempt. If vote rigging is not a serious and urgent matter that the Courts
    should deal with judicious then what is?

    The voters roll should have been released at least a month before the elections; that did not happen. On the day of the elections nearly a million voters according to all the election observers, 300 000 according to ZEC’s
    own estimate, were denied the vote because their names were not on the voters roll. It was since been discovered that many voters’ names were on the roll but appeared in another voting ward far away from where they expected.

    The whole world witnessed the case of bussed voters who were not on the voters roll but were given voter registration slip to allow them to vote. The number of registered voters had been deliberately inflated to disguise the multiple voters. How can a nation of 12 million have 6 million registered voters. Still 27 out of the 210 constituencies ended up with voter turnout figures of 100% or more. Chipinge East had a voter turnout of 141%

    Releasing the voters roll, the smoking gun of the rigged elections, will allow the world to see for themselves that the voters roll, the key document for free, fair and credible elections had been corrupted so badly the election result cannot stand.

    The legitimacy or otherwise of the man holding the highest office in the land and similarly the legitimacy or otherwise of those in parliament, the highest
    decision making body in the land, is to be decided on what an
    independent body say on the validity of the voters roll. In fact the
    elections should have been postponed until a clean voters roll was in
    place. To say the need to release the voters roll six months after the election
    is still not an urgent matter beggars belief.

    It is clear, not that it was not clear but that it is further validation that
    Zimbabwe’s judiciary services are in Mugabe’s pockets. Indeed this was why Judiciary reforms was one on the many reforms that MDC was
    supposed to have implemented in the five years life of the GNU but failed
    to get even one reform implemented.

    The fact of the matter is Mugabe rigged the 2013 elections, he is therefore
    illegitimate. The judiciary is conniving with the tyrant to keep the smoking
    gun hidden in the hope that the world will accept the result and accept
    Mugabe rule as a matter of fait accompli. They are all wrong; we will not
    forget Mugabe rigged the elections and will campaign hard to ensure he does not get away with it.

    Mugabe must be forced out of office he now occupies illegally and go he
    will!

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