[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.