Supreme Court throws out Tsvangirai challenge to Mugabe presidency

By Lance Guma
15 February 2006

The Supreme Court on Tuesday refused to hear a constitutional challenge by Movement for Democratic Change leader Morgan Tsvangirai in which he sought the nullification of the 2002 presidential election. The elections were won by Zanu PF’s Robert Mugabe amid allegations of violence, intimidation and electoral fraud.

Tsvangirai sought redress from the Supreme Court on what he considered an undue delay by the High Court in arriving at a judgement on the initial application. This he argued had diminished his chances of getting a fair hearing from the same court and hence the reason for wanting the Supreme Court to hear the matter. The country’s highest court however ignored the arguments and instead gave prominence to legal technicalities. Justice Luke Malaba in a judgment read by fellow Judge Wilson Sandura said Tsvangirai’s rights had not been breached and that his fears were unfounded.

Party Spokesman Nelson Chamisa said the decision by the court did not come as a surprise. He accused the bench of camouflaging important issues, which the party raised in the application and said these needed to be investigated thoroughly. The judiciary has never mustered enough courage to challenge Mugabe’s authority and even when Tsvangirai lodged the petition 4 years ago he conceded that having a record of the case was probably the most reasonable expectation. According to Chamisa the judgement has proved their claims that the courts in the country had been compromised beyond redemption.

The MDC leader still has another petition in the High Court related to verification of the actual votes but Chamisa said they will make a decision on whether to pursue this at a later stage. Turning to Justice Chinembiri Bhunu’s claim that the courts were not there to springboard politicians into power, the Kuwadzana MP said this argument should also apply in reverse. ‘The courts should not be there to maintain a dictatorship.’ Chamisa said the courts had a responsibility to interpret the law, and clearly in this petition Tsvangirai did not ask to be made President but rather sought the nullification of a fraudulent election and the holding of a fresh ballot to allow people a free choice to elect their leader.

Several judges in both the High and Supreme Courts have received farms under the controversial land seizures and critics say this clearly shows how Mugabe has bribed the judiciary onto his side. Those who have gone against the grain and issued negative judgements like Justice Benjamin Paradza have been hounded off of the bench and persecuted. Paradza was convicted on charges of corruption before he fled the country to avoid the sentence.