Chamisa Renews Bid to Challenge ED’s 2018 Victory
Opposition MDC leader Nelson Chamisa has renewed bid to challenge the 2018 Presidential election results and will soon approach the Constitutional Court seeking a review of ruling on his petition.
This was said by Chamisa’s lawyer Tabani Mpofu, who said that after studying academic works on the elections published by exiled former tertiary education minister Professor Jonathan Moyo, they were now making efforts to have the judgment on the 2018 presidential elections set aside.
The Con Court had previously ruled that Chamisa had failed to prove allegations of fraud during the presidential election, a vote which left the nation polarized as the opposition insists Mnangagwa is an illegitimate leader.
“The general rule is that once a final judgment or order has been given, the judge who gave it or any other judge of parallel jurisdiction has no power to alter, rescind, vary or set it aside, except in the few instances recognized at common law or by the rules of the High Court. One of the exceptions recognized at common law is when the judgment or order has been obtained through fraudulent misrepresentation,” Mpofu said in a statement yesterday.
Mpofu, who was Chamisa’s lead lawyer in the challenge against Mnangagwa’s presidency, said the information carried in Moyo’s book Excelgate would have consequences on the resolution of the legitimacy question in Zimbabwe.
“We have now completed our sober and painstaking study of Excelgate. In embarking on the study, we allowed ourselves to be guided by the remarks of (Justice Luke) Malaba (as he was then) in City of Mutare v Mawoyo 1995 … doubles, Excelgate comes with certain consequences,” Mpofu said.