[Headline corrected]
The Zimbabwe High Court on Tuesday ruled that the application by the opposition for the release of presidential poll results was urgent, and immediately started hearing submissions from both sides.
The country’s biggest opposition party, the Movement for Democratic Change (MDC) filed an urgent application in the High Court on Friday, seeking a court order compelling the Zimbabwe Electoral Commission (ZEC) to release the results of the March 29 presidential elections.
Lawyers for the ZEC had however, initially argued that the High Court had no jurisdiction over the case, which was dismissed by Justice Tendai Uchena.
The lawyers then argued that the case was not urgent, prompting Tuesday’s ruling.
After the ruling, Uchena immediately called on both sides to make submissions in the case.
MDC lawyer Alec Muchadehama, who presented first, told the court that the MDC had a ‘legitimate expectation and clear right to have the results announced’.
He said all matters relating to the harmonised polls were supposed to be treated as urgent in terms of the Electoral Act.
“Results of all polls must have been in ZEC’s possession on or before March 30 2008,” he said, adding that collation and verification should not have been difficult.
“If the respondents (ZEC) have any other process they are carrying out, 10 days after the poll, then I submit that they failed to act in terms of the Electoral Act which requires them to act urgently”.
Agreeing that there was no provision providing for a specific time in which the results had to be announced, Muchadehama, however said there was no reason why the presidential poll results had not been announced yet results for the council, House of Assembly and senatorial elections held on the same day had been made public.
“Even if there is no specific provision providing a time period, within which the presidential polls ought to be announced, I submit that the totality of the circumstances of the case is that the respondents (ZEC) have failed to act in a reasonable time and because it has failed to act, must be ordered to act,” he said.
He said ZEC was an administrative body that was answerable to the courts.
He said ZEC should not audit the results or re-count the votes as this could only be done after a winner had been announced, provided that a re-count had been requested for 48 hours after the announcement.
“If that is what they are doing (re-counting) they are acting ultra vies the Electoral Act,” Muchadehama said.
He said there was no logic for parties to challenge results that had not yet been announced.
In his arguments, ZEC lawyer, George Chikumbirike dismissed the MDC’s application as invalid, and a political statement.
“How can anyone in all seriousness expect a court order that there be announcements of presidential results within four hours of an order being made,” he said.
He said the applicant’s (MDC) lawyers had also erred as they presented their application to the courts in a wrong format.
Based on this technicality, he said the application could be dismissed.
Chikumbirike also dismissed allegations that the commission was deliberately delaying the announcement of the results, saying there were steps that had to be followed.
The defence continues with its arguments on Wednesday.
Can’t you guys mind to go through your editorials before you finally put them in the public domain. Check your title of this article “MDC appeal urgent, Zimbabwe High Rules”. The quoted sentence doesn’t mean anything. Did you mean, MDC appeal urgent, Zimbabwe High Court rules?
Be very strict with your editorials.
Imagine the desperation. Apparently the out of the 63 people employed at ZEC, only the 7 guys (currently incarcerated) are the only ones who have said they will say the truth (Mugababe: 43.2 and Tsaving-son 53.8). they 3.2 is from spoilt ballots
African leaders are taking their people for granted. This is the reason why people in Kenya rioted. I was proud of Mugabe’s land reform policy as he finally providing justice to the ordinary blacks after land was forcibly taken away from them by the racist government of Britain and the Smith. However, he has now gone above and beyond by with holding election result, requesting for a recount for results that have not been announced.
LPM as chairman of SADC should condemn this behaviour and so should the Au chairman Kikwete. ordinary Zimbabweans are suffering and we cannot standby and watch someone hold a nation to ransom. This is unethical and AU troops shld be mobilised if need be
Why does the AU fear Mugabe? are the leaders also guilty of rigging hence failing to “cast the first stone”?
Election results witheld for at least 10 days, Opposition offices raided, war veterans on the loose, Mugabe demands recount before results are officially anounced, 7 electoral officers arrested… Its clear there is something seriously wrong here. What more evidence doese the AU and the rest of the international community need inorder to at least say something? If the state can so easily arrest elections officials, can you expect fareness in the run off? ZEC officers, for fear of being arrested, can rig for Mugabe. Mugabe is doing all he can to stay in power and he is employing his tactics shamelessly. Only outsiders can stop him.
The little boy in the picture carrying large bundles of worthless stepends says alot about the need for change in Zimbabwe.
Mugabe at 82 years still wants to cling on to power is really shameful.What does he want to achieve that he hasn`t done in the 28 years he`s been in office?
If Mugabe wants to die, I have no qualms with that and I know many more people who would be very willing to even lend him a hand in this dishonourable quest of his. However, my problem with this man is that he wants to take the entire along with him to the doldrums! Levy’s impotence is though not suprising, look at his reaction to Shakafuswa’s most despeakable behaviour? The days of the legendary son of the soil and devout Pan Africanist Julius Nyerere are indeed long past us, remember how he invaded Uganda to depose that goofy lunatic Idi Amin! Had he been chairman od AU now, it’ll be a different story.
If Mugabe wants to die, I have no qualms with that and I know many more people who would be very willing to even lend him a hand in this dishonourable quest of his. However, my problem with this man is that he wants to take the entire country along with him to the doldrums! Levy’s impotence to act is though not suprising, look at his reaction to Shakafuswa’s most despeakable behaviour? The days of the legendary son of the soil and devout Pan Africanist Julius Nyerere are indeed long past us, remember how he invaded Uganda to depose that goofy lunatic Idi Amin! Had he been chairman od AU now, it’ll be a different story.
Why is Dr. Mwanawasa not commenting on what is going on in Zimbabwe, and where is Super K? Is Mwanawasa afraid of being blasted by ka Mugabe for selling Zambia to the Chinese? The situation in Zimbabwe is getting worse everyday.The African leaders should step in and stop this madness.
We know, we Zambians, we were always ill-treated by Zimbabwens whenever we crossed their borders but this should not stop us from supporting our brothers.
Robert has done his part. It is time to let go and let Morgan take charge. He is the righful leader of Zimbabwe as per people’s choice. Its unfortunate that those who are supposed to defend the vulnerable in Zimbabwe are holding back and taking tours. What will it take for someone from outside to see the need and help ordinary Zimbaweans at the edge of chaos. God forbid that blood be shed in that country. I speak peace and order in that nation. No weapon formed against this beloved country will prosper. May God establish his throne in Zimbabwe in Jesus name. Amen
The main life line for Mugabe is SA. Without SA support he woudnt last 1 week. Mbeki should be ashamed of himself. Because of Mebekis support for Mugabe, all Suffering zimbabweans should be Advised to migrate to SA, since it is Mbeki prolonging their suffering. In fact flood to all neighbouring countries who are silent on Mugabe.
Pat #11, you are very right. Mugabe’s stupidity has been encouraged by Mbeki. All Zimbabweans must flock into South Africa!
I got encouraged with Jacob Zuma’s comments on this issue. He demands that elections results be released immediately.
This is a clear picture of violence to come, the evidence which the arrested ZEC members are holding is enough for SADC and the AU to do something. Are they waiting for pipo like bush to force war like in irag or waiting for european countries to help us, this is sad to show that we have a dependant syndrome on european or developed countries.How can you debate abt a recount when you don’t know the results(stupid) They have even put a commitee to start compaigning again, here no recount is suppose to be done coz the oppostion won, if they didn’t they would have announced the results already, this is clear rigging.
If our leaders cannot stand up to Mugabe why don’t we the citizens of Africa do so? It is time we began to mobilise ourselves and petition for the release of the results.
Did you know that a loaf of bread in Zimbabwe costs not less than 25 million Zim Dollars? What is happening in Zimbabwe is very sad indeed! Shops as big as Game stores in Lusaka have completely nothing to sell. Workers have been sent on forced leave…and Mugabe wants to continue…what a shame!!!!
The days of Julius Nyerere and Nelson Mandela are truly gone! True patriots and sons of Africa. Now we are left with leaders who will assist each other by TAKING TURNS IN RAPING the peoples wishes. Where is SADCC and AU? Where is Mbeki? How honestly do you demand a recount when the official result is not known? Honestly at 84 YEARS OLD after ruling for 28 YEARS what new ideas will Mugabe bring? Grab more farms, rig more elections and assault anyone who dares to whistleblow!!!
The post-election news from our beloved neighbour Zimbabwe really makes a sad reading.
What is really wrong with the black skin? Why do we want to be authors of our own suffering?
Its clear that Mugabe wants to remain in power at all costs.
My prayer for Zimbabwe is that may the will of the people prevail! Above all may God bring confort and courage to all Zimbabweans!
We love you Zimbabwe and we are praying for you.
God will give you rest. Peace and joy is on the way for that country.
Bob Mugabe your time is up.You can never hold on to power forever.
Mugabe like many African tyrants is cooking himself a large stew of misery.African politics are a joke and a shame to the world!
It’s really sad …the small boy with all that money to buy bread!fun but real!oh my beloved Africa!!where are we going?
Sad. Very Sad. SADC and AU are silent because they think this is an internal matter. I can assure you, they will speak when blood is shed in Zimbabwe and only they will open the mouths with very faint voices we can hadly hear them, only to say the prevailing situation could have been avoided.
Mugabe needs a rest. He does not need a bullet to retire. Very good examples are shining on this face. Nelson mandela and recently Botswana president Festus Mogae. True leadership and selfless service.Mugabe thinks he is indespensable.NO. As long as you are human, made of fresh and blood, YOU are DESPENSABLE.
It appears like I know you #13 – mr nice.
As for the Zim situation, I am really sad to see how Mugabe is doing things. I hope for the best to come for Zim as soon as possible.
Just look at how Kenyans voted in the parliamentary election below and then consider who won the presidential election. The incumbent Kibaki clearly rigged the presidential election. That is what Mugabe is trying to do in Zimbabwe.
KENYA PARLIAMENT
ODM MPs: 102 (Raila Odinga’s party)
PNU MPs: 46 (President Mwai Kiba
Pro-ODM MPs: 5
Pro-PNU MPs: 61
Vacant seats:
Zimbabweans claim to be highly educated in Africa.Why are they failing to sort out there internal strife?We cant, as Zambians just live by liberating our neighbouring countries.What we did and have done to these countries is more than enough.We will never get anything from these greedy people.
That mugabe fellow with is Hitler style moustache what does he want
hey# 19 i don’t think u know me!
Zambians you fail to solve your own political crisis in ZED and you think you can help zim at this point???, Zim pipo have the capacity to change things without any external force, if they can’t resolve things in a friendly way then violence is another way just as kenyans did, Kenyan’s should not give up let them reduce political prostitutes who did rig the election to non.
ha, did you see Mbeki search for words when he was asked about this? This is the vice chair of SADC, what do we expect when this year the chair changes hands to down south? As a matter of fact the crisis in Zimbabwe is a positive for both Zambia and SOuth Africa, zim is an economic force in the region when it is firing on all cylinders. Otherwise don’t you think it is strange that there is now scramble for land in Livingstone it is because now there is no hope in ZIM. so why should LPM talk and Mbeki speak against this ‘opportunity’.
Its unfortunate thaat our brothers and sisis are suffering. But can some responsible african heard of state talk to this MUGABE THING. Ithink we have a problem with african police almost every body want to remain in power untill death do us part. let them learn from DWARF KING FRED AND KIBAKI IN KENYA
Zimbabwe is a BIG JOKE!
the president is a Joke!
their money is the worlds WORST JOKE!
ZEC is a Joke!
ZEC layers are a Foolish JOKE!!!!!!!!
surely, how can you take this long without anouncing the results??
The new president should clean up their government, everyone who worked under this JOKING government MUST go!!
Personally i think some one somewhere is a lunatic. How can he loose an election and refuse to go. How on earth did he expect to win elections with the suffereings that our bros and sis are going through. Does he think they are lunatics as he is, to vote for him on empty stomachs? Please pack and go Mr Lunatic, we have had enough of your lunacy! Let people with new ideas solve the mess you have created but keep blaming others for! What does he think he will do differently this time which he hasn’t done all these decades? Atase!
# 24. Mwiinga (Lusaka, Zambia)
You are right, Zimbabwe had some serious artisans, Mugabe embarked on a hard drive to produce technicians, technologists, health workers and artisians after indipendence. These same people are driving the SA economy.
Just as a point of intrest, when Mbeki was in the UK, the SA ambasodor was asked why SA is not implementing sanctions on Zim, he pointed out that the british are letting the Zim diaspora send money billions of £, that is keeping Zimbabwe afloat. And why don’t they clamp down.
It is high time Africa disbanded the AU and some regional organisation like SADC. They are hopeless, useless, toothless, valueless, incompetent, serviceless bodies which must go. They are waiting for the roads in Zim to be filled with dead rotting bodies to act. Shame on you leaders of these incompetent and inept organisations that have no value in Africa. When you meet am sure you just behave Shakafuswally and no wonder you have achieved no tangible progress for this great continent. ACT FOR ZIMBABWE NOW!! EVEN CONDEMING IS ENOUGH to tell Mugabe that what he is doing and behaving is stupid for his status. GOD GIVE US BRAVE AND STRAIGHT LEADERS. AMEN AND AMEN.
The blog is has been hijacked by kids too remote on issues. Look at how confused and ignorant the expose themselves on Zimbabwe? Who do you think has been killing Zimbabwe heartlessly? Since when did things nose dive in Zimbabwe? With your kind of reasoning and seemingly limited knowledge on regional affairs, I’m afraid Zambians should write you off in her leadership strata for any allowance of time ever.Potentially the blog may be an ideal place for your well informed and ambitious kids readying themselves for leadership challenges but the opposite is true here. Ignorance & humble education have taken the toll.
Our kids here exhibit some failing characteristics short of ability to read between some lines of propaganda over Zimbabwe. What do you say about the statement below i excerpt from some post by some Zambian blogger he caught the British former Assistant Secretary of State on African Affairs, Chester Crocker before the US senate in 2005?
“One will never hear them address the point of former Assistant Secretary of State on African Affairs, Chester Crocker when he said in a testimony to the US Senate “To separate the Zimbabwean people from ZANU-PF we are going to have to make their economy scream, and I hope you senators have the stomach for what you have to do.” [Democracy Now! April 1st, 2005] End Quote
Levy has called for an Emergency meeting of SADC heads of State on Saturday.Effort is commendable.What ever the rhetoric,the situation in Zimbabwe calls for change.I like Bob but he does not have the monopoly of wisdom to run Zimbabwe.There are Zimbabweans who love their motherland as much as Bob does who should take over.Bob has had his time.ZANU-PF or not Zimbabwe must move on.
What is wrong with Bob
What lunacy!!! I cant believe this! Oh my Africa! Now land redistribution is something I supported if it meant justice for all in Zim. But now the gentleman has just gone way way too far. I think he has lost senses.
# 31. Mr Observer,
The days of the revolutionary are long gone. Who is Mugabe to pick a fight with the USA. If Zimbabwe had oil to finance him, mugabes agony would be prolonged a bit longer. During the cold war he could have gotten away with it not now. The USA controls everything. Period. If you are an emotional nationalistic nut case, who’s revolution is to upset the west, you are doomed.
Just play ball and use them.
#31. Mr. Observer you’re no different from anyone on this blog. You pick one sentence from all world rhetoric and then use it as a basis for classifying everyone here as unknowledgeable kids. You honestly believe the West is responsible for all Zim folk starving and been tourchered? LPM was right when he said the situa in Zim is unacceptable. Too bad SADC and AU gat no nerve to back him. You people sitting in comfort under caring govts have this habit of talking full of yourselves. Get your infor from the right sources and with an objective mind. Otherwise you qualify NOT to be an OBSERVER!
pat(36),
When we say the blog has turned to kids who are characterized with self defeat, hopelessness and inhumane subservience its no malice but empirical right here in # 36. Next time a strong man comes with orders to surrender your mother or wife for “Dumbwiza” because you are poor i see the subservience in you. There is enough evidence that you don’t understand the fillers of increasing Global resentments towards a preponderance Nation in the history of changing emperors.The USA is not the first and last emperor in case you think you are in the infallible land where dominion & power is conferred without boundaries over all creations.
pat(36),
Read about International politics on the “Balance of Power Theory and loss of preponderant status of nations”. What are the signs of the end and reckless hegemonic leadership when there are resenting and qualified active “Major powers”( Russia,France & China) and serious Middle Range Powers (India,German, Pakistan and such in the race for preponderance.Consolidating resentments of the weakest nations at the bottom of the pyramid put the preponderant nation on a costly position which is not practically unsustainable in long haul.You might be too comfortable and ignorant of the danger path Impanga has put you in with his phobia and unilateralist behavior.
The United States places at risk its opportunity to remain the world’s pre-eminent nation by focusing all of its energy, time and capabilities on the war against terrorism and on its ancillary action in Iraq, despite compelling reasons otherwise. This myopia, conditioned by unambiguous security threats and the emotion of the moment, is abetted by a stubborn resistance to the maintenance of a long-term focus in foreign policy. Thus a combination of forces, imposed internally and externally, handicap American leadership and threaten the United States’ strategic interests.
Get it that there is a crisis de jure atmosphere so dominant.
Behind the façade of these all-consuming national priorities, American strategic thinking has grown stale. This is partly the result of the Cold War generation of policy makers failing to anticipate the new world, and finding their core concepts to be useless both in the war on terrorism and in the broader effort to maintain US leadership. It is also the fault of the supporting strategy-making community and its failure to provide fresh insight, continuity and focus.
The potential consequences of this lapse in attention and intellectual insight could not be more severe. A great challenge for the United States and the world lies not in terrorism or even in regional conflict. Instead, it lies in the longer-term collision of interests between the US and an emerging, powerful China. Appreciation of that fact should force policy makers to recalculate and reanalyse current crises from a strategic perspective. Events in the Middle East, South Asia and East Asia are important not for what they are but for what they will demonstrate about American leadership in the ultimate contest to come, as Asia becomes the focal point of world politics.
pat(36),
A snapshot of world power structures reveals a hierarchical structure implicitly recognized by national leaders. In the past, hierarchies were constructed around nation states, but in this global environment they also include powerful soft power non-national actors such as corporations, interest groups and non-governmental organizations (NGOs) like you a blogger. This global hierarchy is constantly in flux, reflecting variations in relative power driven by differential nation-state growth rates without absolute monopoly.
Stand up and be a moralist than blind subservient.
Democracy can never be imposed be it through soft power.Coercion is no Democracy.
#38-#45 Observer, what are you smoking? I would like to try some.
Mugabe and Mbeki may be at fault, but in reality it is the army and police chiefs who are keeping Mugabe in power. The soldiers and police should defy orders and turn on their officers and protect their brothers in the streets.
It’s understable that the US is now a hated country, and probably for a good reason. But it’s a crime for a leader to use this…manuplating principled folk…for personal gain. Mugabe bares every sign of a tyrant. It’s wrong to see a man who exerts such emotional and physical pain on innocent defenseless citizens as a hero, for a none existent course at that. He is not fit to rule over a free people. Democracy was won (and not thru coercion) for Zim, way back in 1980. It’s been eroded by a selfish man. And Zim os not Iraq!
Observer
Money rules , nomatter if you are a monk, communist or terrorist.
The USA is going through a bad patch at the moment largley because of the Iraq war. were more than $450 billion has been spent. They are controlled by lobby groups who have been driving foreign policy which has been incidentally sympathetic towards Isreal. The dollar will rise, make no mistake. In this free world, strategic policy of a country should not be driven by moral blindness filled with ideological mabojambo but the best future for the people. And in this century it is with the west.
Observer, you are accusing us of being ignorant kids yet you have not shown enough knoledge and wisdom yourself. Is it normal for an 80+ year old man who has ruled for 28 years to continue holding on to poer even thru hook and crook? You are placing the entire blame for Zim’s problems on the west? Do you support the grabbing of farms from white farmers and then turning them into a bushes? Mugabe should have planned how to use that land before grabing it but instead did the whole thing hastily coz he was looking for votes. Its clear even from his current actions that Mugabe doesn’t care for/about Zimbabweans at all. He is only interested in himself and his extravagant wife.
So who has withheld the elections results in Zim and put the country at the edge of falling into a blood bath? Is it Britain or Ex PM Tony Blair? Come on guys don’t bring wild quotes on this blog when we have eyes to see!
Ex Zambian(46),
Those are patriots with some sense of awareness and clear cut deduction of the intensive scramble for their beloved Zimbabwe. Unlike you when Americans are rallying around their flag, you are shamelessly adapting foreign nationality for mere economic survival. I understand you are chap without high order aspiration or self hope for bigger public office challenges. You where born to be ruled hence that willingness to give anything you have to any strong that comes for Dumbwiza.Mobutu and Idi Amin could have been taking rounds of Dumbwiza with such easy on your mother and wife since you are naturally resigned to any strong voice at face value. What a shame and amoral chap!
Observer, these are not times to be brainwashed by Karl max, chirman mao and lenins books.
Shot shighted emotional nutcases lead their pipo nowere. The only team in town is western capitalist domocarcy. If you want to join the team, you learn to play their kind of game. It is the ONLY game in town.
For reference lookup Saddam, Noriega, charles tylor, among many more who thought there was another game and found them selves alone in the corner. For a correct ref lookup botswana, playing the game brilliantly.
#51 Observer Did you eat a dictionary for breakfast or is it that stuff you are smoking?
Ex Zambian(53),
You don’t need a dictionary to be wide minded. It pays to go to school and broaden the academic and public cast. The world gives us all the opportunity to enrich ourselves above and beyond measure for any form of competition.If you are an engineer branch also in other disciplines for credentials such as those in the Liberal Arts MA, MPP,MPA,MPH or social Sciences’ MBA, MS etc.
Especially you chaps in the West should realize that you can kill 5 birds with one stone.Build the fortune of your families at the same time knocking out Degree after degree instead 24/7 blogging BS.The higher you go, the richer your vocabulary & opportunities.
What do make of the interest expressed below?
”
The EU has made its most outspoken remarks so far on Zimbabwe’s elections.
European Commission President Jose Manuel Barroso said the votes of Zimbabweans must count and that they want change”.
Who told the EU and your likes that all elections and democracy means replacing a seating regime?
”Who told the EU and your likes that all elections and democracy means replacing a seating regime?”.. Observer
Yes especially a regime failing its people. All peoples aspire tobecome rich,or to attain a better living. if they are going backwards instead of foward in a country of abaundance, then regime change should be encoraged.
The problem in africa is illitracy, the masses can easily be missinformed. Should they be left to suffer ?
pat(56),
You have no shame to say “The problem in africa is illitracy”.
Are a Graduate of some GED school in New Orleans?
Look at the following”
-illitracy
– abaundance
-encoraged
-missinformed
Besides those, try to be write coherently.
Besides those, try to write coherently.
Observer, I don’t know how old your are. If you where old enough to recognize what the mood in Zambia was,just before KK left office, one wouldn’t expect you to be posting the way your posting right now. KK had ruled for 27 years and much younger that Mugabe is right now, the economy was bad (though not as bad as Zimbabwe’s right now). People wanted KK out. Imagine how it would felt had KK began to arrest Electoral Commission officers, witheld results, deployed war veterans on the streets, demanded a recount before the official announcement of the results.
You also need to know, Observer, that Zimbabwe is not a one party state. When elections are carried out, not only must they (the elections) be free and fair, they must also be seen to be so (that includes post election activities). Mugabe is busy using state machinry to intimidate the opposition, Journalists, the Zimbabwean people and the electoral commission. How can you support such? A man loses an election and decides to accuse electoral commission officers of undercounting votes cast for him. He even arrests them.
He knows that what he is doing may result in bloodshed but he doesn’t care. All he wants is power. He blames the west for everything in order to dodge responsibility.
You call yourself Observer when you are not even observant. Coz had you been, you would have noticed Mugabe’s selfishness in all this. The Man wants to die President thats it. Even his hard stance against the West is for himself and not for the people – its personal. No dictator likes the west. He grabbed land from whites not becouse he believd it was necessary. He did it to win popularity. After grabbing the land, he failed to use it and now its lying waste. It (land) was given to people who didn’t know what to do with it and problems began. Can you blame such lack of planing and preparation on the West? Mugabe should have first made sure his people had the ability to run the farms
Abantu Baya(59),
Talk of what you know best than the change of UNIP which most of you where merely consumed in like many leaders were. I was one one the nucleus catalyst that actually coordinated the momentum at the most risky but but unshared harms way that involved few principle players.
”What do make of the interest expressed below?”
”try to be write coherently”
”Are a Graduate of some GED school in New Orleans?”
Observer, apart from the chairman mao retoric you are filled with, your composing of sentences points to a twisted bitter mind.
I for one accept my english is not perfect. But don’t think because of that you know more than everyone else.