By Professor Talent Rusere
Nelson Chamisa deliberately ignored the constitutional proceedings of disputing elections and embraced the election results by not taking any of the constitutional procedures which makes it a criminal offense to incite or promote public disorder, public violence and endangering public safety, adversely affecting our national sovereignty and economic stability over an undisputed election.
No demonstration against the 2023 elections will ever be legal and I warn our citizens to avoid engaging or be found amongst those planning to demonstrate on the 7th of August against the 44th SADC Summit in Zimbabwe.
The state security forces will always be there to protect the law and take responsibility of bringing traitors to justice.
Section 93 of the Zimbabwean Constitution deals with the ‘challenge to presidential election’. It clearly elucidates the provisions regarding the manner in which Presidential elections must be challenged, processed and prosecuted which Mr Chamisa ignored.
Our citizens must know that, A presidential election challenge is initiated by “lodging a petition or application with the Constitutional Court within seven days after the date of the declaration of the results of the election”.
This is the only way an election can be disputed in Zimbabwe not some social media hallucinations being peddled by Chamisa’s misinformed surrogates.
Once a challenge is lodged the Constitutional Court of Zimbabwe must dispose of it within 14 days after the petition or application was lodged, and the Court’s decision is final’. On determining the challenge, the CCZ is empowered to make an order from a wide range. Section 93(4) empowers it to declare a winner, nullify the election and trigger a fresh election within 60 days, or “make any other order it considers just and appropriate”.
The pleadings must be governed by Rule 23 of the CCZ Rules. In essence, therefore, section 93 of the Constitution must be read together with the relevant CCZ Rules to get a full picture of the principles and procedure to be followed in dealing with a presidential petition.
Please citizens of Zimbabwe don’t risk your freedom, engaging in these illegal demonstrations being planned whether in South Africa or Zimbabwe. You will definitely be arrested and face justice.
Professor Talent Rusere is the President of Economic Revolutionary Alliance (ERA) and a lawyer by profession and he writes in his personal capacity.
