This article was written by Our reporter on 19 August, at 06 : 35 AM
MDC-T leader Morgan Tsvangirai and his legal team which includes Chris Mhike and Alex Magaisa withdrew their election petition to nullify President Mugabe’s election victory after the Zimbabwe Electoral Commission (ZEC) had submitted its evidence crushing the allegations, it has emerged.
The reasons given by the MDC-T are not true, according to the lawyers opposing the petition.
It has become clear that the MDC-T wanted to avoid an embarrassing defeat at the Constitutional Court as their evidence was flimsy and weak.
Zimbabwe Electoral Commission lawyer Charles Nyika of Kanengoni and Nyika law firm said Tsvangirai and his legal team withdrew his petition after receiving a notice of opposition to the petition by ZEC.
The notice crashed all the allegations raised in the petition which prompted the MDC-T to withdraw its petition.
“The notice of withdrawal was filed after we had just filed and served ZEC’s notice of opposition.
“The notice of opposition had an effect of destroying Mr Tsvangirai’s case because it had everything.
“We even attached the discs and other relevant evidence to dismiss the claims by Mr Tsvangirai,” said Mr Nyika.”
Nyika said Tsvangirai raised serious allegations against many people and organisations in his petition.
For that reason, he said, the MDC-T leader could not withdraw without justifying the claims.
“The withdrawal has to be formally done in court. There are serious allegations that Mr Tsvangirai raised in his petition, especially against the Judiciary. We also want to hear how he arrived at that,” he said.
According to Tsvangirai’s withdrawal affidavit, the main reason for the decision was that he had not been furnished with the election material he requested at the Electoral Court.
He also cited Chief Justice Chidyausiku’s presence at the National Heroes’ Acre where President Mugabe gave an address as a factor that could deprive him of the right to a fair hearing.
WITHDRAWAL A NULLITY
President Mugabe’s lawyer Advocate Fred Gijima says the withdrawal of an election petition by MDC-T leader is a nullity because it is not provided for in the Constitution of Zimbabwe.
Adv Gijima said today he will raise the argument in court when the parties meet in line with a directive by Chief Justice Godfrey Chidyausiku.
He argued that in terms of the new Constitution, there is no provision for the withdrawal of a petition filed challenging the election of a President.
He said that in terms of the new Constitution, there is no provision for the withdrawal of a petition filed challenging the election of a President.
Labels: MDC, MDC TREASON, MORGAN TSVANGIRAI
posted by MrK @ 2:46 PM
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