High Court refuses to order release of results

By Lance Guma
14 April 2008

The High Court on Monday dismissed an MDC application demanding the release of presidential election results by the Zimbabwe Electoral Commission. Sixteen days after the March 29 poll, Robert Mugabe’s regime continues to block announcement of the results, which independent electoral groups say show Morgan Tsvangirai beating Mugabe. Although there has been some debate around Tsvangirai’s winning percentage, Mugabe’s reluctance to have the results published has been taken to mean Tsvangirai won clearly, without the need for run-off.

The opposition had pinned their hopes on Monday’s court case breaking the impasse, but political pressure on the judiciary seems to have won the day for Zanu PF. ZEC lawyer George Chikumbire warned last week it would be ‘dangerous’ for the court to order his clients to release the results because ‘it might not be complied with’ and that there were ‘outside exigencies which the party (ZEC) will be unable to control.’ Justice Tendai Uchena dismissed the case on Monday saying ZEC has got powers under the Electoral Act to order a recount and that because of this he could not force a release of the results until such time as a recount was complete.

Over the weekend ZEC officials announced plans for a recount of 23 constituencies, on Saturday 19th April. This forced the MDC to go to court Sunday evening and the High Court temporarily rejected the recount plans by ZEC. That judgment however was made pending another ruling, which Justice Uchena has since made in the case involving presidential election results.

MDC lawyer Selby Hwacha told journalists that on Sunday ‘the judge found it not just illegal but grossly unreasonable to order a recount before the result is out. The law is clear about when a recount is done. A candidate requests for a recount within 48 hours after the result has been declared,’ he said. Another MDC lawyer Alec Muchadehama told Newsreel another case set for Tuesday would decide the fate of the recounts being pushed for by Zanu PF. Once again Zanu PF doing what it has always done, trying to pretend there is some sort of legality to the actions that they take, regardless.

MDC spokesman Nelson Chamisa has meanwhile said they will not accept any results from a recount because ZEC have been in custody of the ballot boxes for two weeks and, ‘heavens know what they have done to the ballot papers.’