Opposition MDC Alliance vice National Chairperson, Tendai Biti’s ongoing trial at the Harare Magistrates Court has exposed the Constitutional Court ruling over the Presidential election results petition.
Through his lawyer Beatrice Mtetwa, of the Zimbabwe Lawyers for Human Rights, Biti roasted the Zimbabwe Electoral Commission (ZEC) official Utoile Silaigwana for failing to bring V11 forms to prove that results announced by the Harare East legislator were false.
Mtetwa said the failure by ZEC to prove the official results through V11s in court even during constitutional court hearing shows loopholes in the judiciary system.
“ZEC did not investigate whether the information posted outside polling stations were correct or not because MDC Alliance was leading based on polling stations results,” said Mtetwa while cross examining Silaigwana.
She also asked the arresting officer, Nyabasa Jelousy from the CID police anti-corruption unit why he did not investigate the case before proceeding to arrest Biti who insisted it was not necessary.
“I did not do that investigation because this case was not a ZEC petition,” said Silaigwana.
However, Mtetwa shot back, questioning the decision by ZEC not to bring V11 forms during the Con Court petition hearing when Chamisa was claiming victory in the 2018 general elections.
She accused ZEC of favoring the Zanu PF candidate in the July 30 elections, President Emmerson Mnangagwa whom he said was declared the winner despite final results changing three times.
Meanwhile, Mtetwa told the court that the charges being pursued by the state against her client do not warranty an offence.
She added that if it was a crime, Zanu PF Secretary for Legal Affairs Paul Mangwana and President Mnangagwa should also be charged as they said the same during campaigns.