The recent ruling by the Constitutional Court (ConCourt) bench dismissing a court application filed by MDC-T president Douglas Mwonzora favours the opposition leader, a prominent lawyer has said.
In his application, Mwonzora sought the court to invalidate the Zimbabwe Electoral Commission (ZEC)’s delimitation of electoral boundaries.
In dismissing the court application, Chief Justice Malaba said the court cannot stop a constitutional process.
But lawyer Thabani Mpofu, who in 2018 represented the MDC Alliance in the Constitutional Court when the opposition party then led by Nelson Chamisa was challenging the presidential results, said a dismissal of an application is a judgment in favour of a respondent. Mpofu tweeted:
A dismissal of an application is a judgment in favour of a respondent.
Muse on this legal fact, as you watch the tragedy unfold. A truly sad and tragic story.
He did not explain how a dismissal of an application is a judgment in favour of a respondent.
However, Mwonzora has since indicated that will be launching another bid to have the delimitation report set aside. He said:
We have prepared our papers and today we are filing our application before the High Court seeking the same relief.
We argue that a declaration must be made that the delimitation report is invalid, ZEC must be ordered to redo and that the proclamation must, by the President, follow receipt of a correct delimitation report.
Mwonzora had argued that ZEC had broken the law during the delimitation process.
He wanted the court to declare the delimitation invalid, order ZEC to redo the process, and compel President Emmerson Mnangagwa to only proclaim an election date after a new delimitation report.
More: Pindula News