Zimbabwe President Emmerson Mnangagwa Swears In Cabinet

  4h4 hours ago

This morning at State House, I swore in a new cabinet for the new Zimbabwe.

Though the task before us is a great one, I am confident that we have the team in place to turn our economy around and build a more prosperous & secure future for all.

Blessed be the Land of Zimbabwe!

Zimbabwe: MDC’s Chamisa says to be inaugurated on Saturday

AIWA! NO!//Zimbabwe’s opposition Movement for Democratic Change (MDC) party has reportedly said that it is planning to “inaugurate” its leader Nelson Chamisa as the legitimately elected president of Zimbabwe, following the disputed July 30 elections.

According to New Zimbabwe.com, Chamisa confirmed the development when he addressed his supporters in Chitungwiza over the weekend.

The “inauguration” was scheduled to take place during his party’s upcoming 19th anniversary celebrations.

“Next week, the MDC family will celebrate its 19th Anniversary. As a party, we sat down and discussed the issue on election theft. We want to conclude this matter,” Chamisa was quoted as saying.

“The leadership is saying that the person who was voted for by the people should be inaugurated by the people.

“We are not joking; this is not a joke. Yes, you can have the military might, but no military might can defeat the popular vote.

“You can have false institutions but; no false institution can ever replace a popular will.”

Chamisa lost the presidential vote to President Emmerson Mnangagwa by 44.3% to 50.7%, respectively.

Mnangagwa’s victory was challenged by the MDC, but in a unanimous decision, the country’s constitutional court approved his win, as reported by AFP.

Mnangagwa was then officially sworn in as president of Zimbabwe on August 26 and has pledged to “protect and promote the rights of Zimbabweans”.

Voice of America quoted Chamisa’s spokesperson Nkululeko Sibanda as saying that his boss’ “swearing-in” would be conducted by Zimbabweans and not the country’s chief justice or his deputy, “who are supposed to administer the oath of office for a president as stipulated in the Constitution of Zimbabwe”.

Sibanda maintained that such moves were not illegal in the southern African country, saying the people of Zimbabwe had the right to install a president of their choice.

Read more on:    mdc  |  emmerson mnangagwa  |  nelson chamisa  |  zimbabwe  |  southern africa  |  zimbabwe 2018 elections

ZIMBABWE, For How Many More Years Are You Willing To’Carry’ ‘The Zanu – PF York?’

Zanu-PF leader takes 50.8% of vote as electoral commission chair urges nation to ‘move on’. 

To be, or not to be, that is the question: Whether ’tis nobler in the mind to suffer The slings and arrows of outrageous fortune, Or to take arms against a sea of troubles And by opposing end them.

Emmerson Mnangagwa, Zimbabwe’s president and leader of the ruling Zanu-PF party, has won the country’s historic and hotly contested presidential election.
Officials from the Zimbabwe Electoral Commission (ZEC) announced early on Friday that Mnangagwa had received 2.46m votes, or 50.8% of the 4.8m votes cast. Nelson Chamisa, the candidate of the opposition Movement for Democratic Change party (MDC), won 2.14m votes or 44.3%, the ZEC said. Mnangagwa needed to win by more than 50% to avoid a runoff vote.
BY WILLIAM SHAKESPEARE// (from Hamlet, spoken by Hamlet)
To be, or not to be, that is the question:

Whether 'tis nobler in the mind to suffer

The slings and arrows of outrageous fortune,

Or to take arms against a sea of troubles

And by opposing end them. To die—to sleep,

No more; and by a sleep to say we end

The heart-ache and the thousand natural shocks

That flesh is heir to: 'tis a consummation

Devoutly to be wish'd. To die, to sleep;

To sleep, perchance to dream—ay, there's the rub:

For in that sleep of death what dreams may come,

When we have shuffled off this mortal coil,

Must give us pause—there's the respect

That makes calamity of so long life.

For who would bear the whips and scorns of time,

Th'oppressor's wrong, the proud man's contumely,

The pangs of dispriz'd love, the law's delay,

The insolence of office, and the spurns

That patient merit of th'unworthy takes,

When he himself might his quietus make

With a bare bodkin? Who would fardels bear,

To grunt and sweat under a weary life,

But that the dread of something after death,

The undiscovere'd country, from whose bourn

No traveller returns, puzzles the will,

And makes us rather bear those ills we have

Than fly to others that we know not of?

Thus conscience does make cowards of us all,

And thus the native hue of resolution

Is sicklied o'er with the pale cast of thought,

And enterprises of great pitch and moment

With this regard their currents turn awry

And lose the name of action.

World Attention On Zimbabwe As Constitutional Court Hears MDC Alliance President Chamisa Petition Seeking to Nullify The July 30 Presidential Poll Result Friday

 

AIWA! NO! Then press~~//The World attention will today focuses on Zimbabwe when the Constitutional Court (Concourt) hears, in a live broadcast, the petition lodged by MDC-Alliance leader Mr Nelson Chamisa in his bid to overturn President Mnangagwa’s victory in the July 30 harmonised elections.

In the process, the court will ink its own piece of history, as it broadcasts the proceedings live from Mashonganyika Building on the Zimbabwe Broadcasting Corporation (ZBC) television and radio, which have been granted the rights.

ZBC has since invited local and international broadcasters interested in linking with its live feed to come forward.

It will also be historical in that the court will be handling such a petition for the second time after it was called to intervene in 2013 when the late MDC-T leader Mr Morgan Tsvangirai challenged former president Mr Robert Mugabe’s win.

Mr Tsvangirai later sought to withdraw his petition, but the Concourt ruled that it was mandated by the Constitution to hear an electoral petition once it was lodged and dispose of it, leaving no room for a withdrawal.

The Concourt then ruled that the presidential election held on July 31, 2013 was in accordance with the laws of Zimbabwe and in particular with the Constitution of Zimbabwe and the Electoral Act [Chapter 2:13].
It also ruled that the election was free, fair and credible.

“Consequently, the result of that election is a true reflection of the free will of the people of Zimbabwe who voted,” it said.

The court also ruled that Mr Mugabe was duly elected President of the Republic of Zimbabwe and declared him winner of the election.

Mr Tsvangirai’s petition was dismissed with costs on an ordinary scale.

This time around and in the new spirit of opening up the democratic space in Zimbabwe, the Concourt has gone further to allow people to watch the proceedings live from anywhere in the world.

Mr Chamisa is challenging President Mnangagwa’s victory in the harmonised elections in which the President garnered 50,8 percent of the total presidential vote, against his 44,3 percent.

Zanu-PF also bagged over two-thirds majority in the National Assembly.

Nine judges of the apex court led by Chief Justice Luke Malaba will hear the petition.

For the past two days, the Judicial Service Commission (JSC) had been busy accrediting those who would be allowed to sit in court and pitching a tent for people who will be following the proceedings from outside the court.

ZBC was also busy setting up its machinery at the court premises to ensure a quality live broadcast.

In an interview yesterday, veteran Harare lawyer Mr David Hofisi gave his analysis of the lawyers involved in the petition.

“In Lewis Uriri (for President Mnangagwa) and Thabani Mpofu (for Mr Nelson Chamisa) we have two titans of the legal field, and it is as thrilling a match-up as any,” he said.

“ZEC’s lawyer, Tawanda Kanengoni, is also very grounded and experienced in this sort of litigation and his papers portray he is quite confidence in the minutiae of election-related litigation.”

Mr Hofisi went on: “It looks like we are all going to learn the authoritative requirements of lodging, the time required for serving and substantively, the minimum standard for non-compliance deemed sufficient to reverse an election result will be the crux of the matter.”

President Mnangagwa says there is no valid election petition challenging his victory in the July 30 election.

In defence of his win, President Mnangagwa, who seeks to raise several preliminary objections to the petition, argues that the petition was a clear abuse of court process that should not be entertained by the esteemed court.

Through his lawyers, Advocates Uriri and Thembinkosi Magwaliba, President Mnangagwa says there is no valid election petition before the court to warrant the invalidation of the poll results.

‘‘The applicant (Mr Chamisa) has not mounted this application for the bona fide purpose of setting aside the result of the presidential election conducted on 30 July 2018,” he said.

“The intention was to delay my inauguration as the duly elected President of the Republic of Zimbabwe and to make political statements in court.

‘‘This is apparent from the fact that the application does not comply with the rules of the honourable court and the Constitution.”

In addition, President Mnangagwa want the court to censure Mr Chamisa for the childish manner in which he prosecuted the application.

To this end, the President wants the highest court in the land to dismiss the petition and confirm him the winner of the presidential poll.

A dismissal order, said the President in his opposing papers, was appropriate given the fact that the petition was plagued with flagrant procedural irregularities.

In responding to Mr Chamisa’s petition, the Zimbabwe Electoral Commission (ZEC) and its chairperson Justice Priscilla Chigumba also says the petition is “fatally and incurably defective” to nullify the results.

The electoral body, which is being represented by its lawyers Nyika, Kanengoni and Partners, supported President Mnangagwa’s assertion that there is no valid application filed by the MDC-Alliance leader before the court.

The body stated that the petition not only failed to comply with the court rules, but it was an uncompleted record to render the petition invalid.

“His (Mr Chamisa) application is thus fatally and incurably defective and ought to be struck off the roll,” said Justice Chigumba.

She averred that Mr Chamisa’s claims of malpractices by ZEC were unfounded as the MDC Alliance founding papers have not proven an irregularity as alleged apart from making bare allegations.

“The conclusion made by the applicant from this bare allegation is that the electoral commission rigged the presidential election with no evidence given to show the alleged rigging,” said Justice Chigumba.

Mr Chamisa’s lead defence lawyer, Adv Mpofu, wants the Constitutional Court to set aside President Mnangagwa victory, claiming that the official presidential results announced by ZEC were not credible.

He wants Mr Chamisa declared winner of the election or an order for a fresh election.

Justice Minister Refuses To Issue Certificate Of Exemption To Chamisa’s Lawyer, Says SA Fails Reciprocity Test

He’s  (minister Ziyambi) under the misconception that an exemption certificate is granted to a lawyer who’s resident in a reciprocating country. It’s the opposite! Since he says South Africa is not a reciprocating country, this is where the exemption certificate ought to be used!

The Minister is also using the wrong version of the Legal Practitioners Act. That’s why he refers to “subparagraph (iii) of paragraph (a) of subsection (1) of section five” which was removed in 2004 by the Law Reviser because it was an error. The Justice Minister didn’t know!

AIWA! NO! Then press~~//HARARE-Minister of Justice, Legal and Parliamentary Affairs Ziyambi Ziyambi is reported to have turned down the request to issue  a certificate of exemption to Nelson Chamisa’s South African lawyer Jeremy Gauntlett. Gauntlett who is a Senior Counsel (SC) and a Queen’s Counsel (QC) was supposed to argue a portion of Nelson Chamisa’s challenge of the presidential election results at the Constitutional Court on Wednesday.

Chamisa is challenging the results of the presidential election announced by the Zimbabwe Electoral Commission (Zec). Justice Minister Ziyambi said that Gauntlett must apply for a work permit instead because he is from South Africa, which the minister deemed not to pass the test of reciprocity.

The Ministry wrote,

ISSUANCE OF A CERTIFICATE OF EXEMPTION IN TERMS OF SECTION 7 OF THE LEGAL PRACTITIONERS ACT: CHAPTER 27:07

In terms at Section 7 of the Legal Practitioners Act Chapter 27:07 where the minister In consultation with the Council for Legal Education is satisfied that having regard to the complexity or special circumstances of the matter, it is just and reasonable for a person to obtain the services of a Legal Practitioner who has a special and particular experience relating to such matter and that such Legal Practitioner is not normally resident in Zimbabwe but is from a reciprocating country, he may grant a certificate exempting the legal practitioner concerned from satisfying the requirement of subparagraph (iii), of paragraph (a) of subsection (i) of section five live of being normally resident in Zimbabwe or a reciprocating country.

A reciprocating country is defined in section 2 as “a country declared to be a reciprocating country in terms of subsection (2)”

Subsection (2) reads as follows:

“where the minister is satisfied that the law of any country other than Zimbabwe permits the admission to the practice of law in that country whether generally or in particular cases for particular purposes, of legal practitioners normally resident in Zimbabwe he may, after consultation with the Chief Justice and the Council for Legal Education declare such country by statutory instrument to be a reciprocating country”.

South Africa does not pass the test of reciprocity. Therefore application should be declined.

Minister Ziyambi seems to have made an about turn after telling NewsDay that his ministry was going to grant the applications because it did not want to be seen to be blocking anyone. In an interview with NewsDay, Ziymbi said,

My secretary has indicated that indeed, we have their application for their advocates to operate and we will process it. We don’t want to be seen to be blocking what they are trying to do.

Ziymabi was the chief elections officer for President Emmerson Mnangagwa in the July 30 elections.

However, Constitutional law expert Alex Magaisa said that the Minister had used the wrong law as it had been updated in 2004. He also said that the minister failed to interpret the law. Wrote Magaisa,

He’s under the misconception that an exemption certificate is granted to a lawyer who’s resident in a reciprocating country. It’s the opposite! Since he says South Africa is not a reciprocating country, this is where the exemption certificate ought to be used!

he Minister is also using the wrong version of the Legal Practitioners Act. That’s why he refers to “subparagraph (iii) of paragraph (a) of subsection (1) of section five” which was removed in 2004 by the Law Reviser because it was an error. The Justice Minister didn’t know!

Constitutional Court Ziyambi Ziyambi
The Constitutional Court is the final court of appeals for all matters relating to the Constitution of Zimbabwe, and its decisions are binding on all other courts in Zimbabwe. It has the power to make the final decision on the constitutionality of an act of… Read More About Constitutional Court
Ziyambi Ziyambi is the current Minister of Justice, Legal and Parliamentary Affairs and member of Zimbabwe African National Union Patriotic Front. Read More About Ziyambi Ziyambi

ZIMBABWE: Movement for Democratic Change (MDC) Alliance President Nelson Chamisa Talks Tough As Constitutional Court Prepares To Sit For Poll Petition

Nelson Chamisa said his party had put a “strong case” before the top court.
Nelson Chamisa said his party had put a “strong case” before the top court. 
Image: REUTERS/Mike Hutchings

bY RAY NDLOVU; TIMES LIVE//In two days’ time‚ Zimbabwe’s Constitutional Court will sit to hear a challenge against the presidential election results brought nearly a fortnight ago by MDC Alliance leader Nelson Chamisa‚ the 40-year-old challenger that stood against President Emmerson Mnangagwa‚ the 75-year-old incumbent‚ in the July 30 election.

It is the last stop in the long-drawn-out political contest that has put the nation on edge in the country’s first election without long-time former ruler Robert Mugabe.

Chief Justice Luke Malaba will lead a full bench of nine judges of the Constitutional Court. After the hearing‚ the nine justices will have until August 24 to announce their decision.

At a media briefing in Harare on Monday‚ Chamisa‚ was in his usual form — self-assured and confident  as he says the Constitutional Court would rule in his favour.

He said his party had put a “strong case” before the top court.

 

ZIMBABWE’S Chamisa On The Upcoming Presidential Election Petition Hearing

Parties to the election petition by the MDC Alliance led by Nelson Chamisa met today at the Constitutional Court Registry to consolidate the record in preparation for the hearing of the challenge on Wednesday.
The pre-trial meeting saw litigants with the help of justice officers defining the issues and determining the way the actual contestation will proceed.

Fellow Zimbabweans, I am deeply touched and encouraged by the tremendous support we continue to receive from the four corners of the country, the continent and the world at large.

Chamisa election petition latest
  23h23 hours ago
RELAX & REJOICE ZIMBABWE..In these times and days ahead, let’s take our time in prayer, fasting & is well.The truth shall set us free.

 

bY MDC PRESIDENT NELSON CHAMISA//I fully understand the anxiety of the nation around the upcoming Court Case where we are challenging the subversion of the will of the people by ZEC in cahoots with some rogue elements in our state institutions.

I would like to guarantee you that we have put up a very strong case to overturn the electoral fraud.

I have put together an A-team of experienced, tried and tested legal experts drawn from the best minds in the region and in the country. These are led by our finest and very best legal minds. This team has been working tirelessly to protect your victory. I have confidence in them and in their assurances.

READ RELATED: ZIMBABWE: Mandela lawyer to help with Chamisa case, says report

READ RELATED: Chamisa election petition latest

We will together as a nation agree on a working programme for the total fulfilment of our vote.

We should not allow ourselves to be intimidated by anyone from anywhere. We are the masters of our own destiny. We are our own liberators.

Without change we will fall back again into intolerable poverty and suffering for the next five years. Even in that case, if we don’t do it now, there is no guarantee that if we win again in 2023 those that are seeking to subvert your will are not planning to do it again.

In the interest of our country, its people and the economy, ZEC must accept that it has played a divisive role in our politics. What was a clear and unambiguous victory has been muddied by partisan individuals in ZEC. I say to those in ZEC who were used as trojan horses, your country is aware of the pressure you were put under. You now have to help our country move beyond the crisis caused by the current leadership’s connivance with Zanu PF elements.

For peace and progress in our region, I would like to encourage outgoing President Mnangagwa to note that the ZEC-led rigging scheme has failed. It is now imperative on him to take this opportunity and act as a Stateman. He needs to accept electoral defeat, concede and allow our country to move forward.

This idea that African strongman never want to leave power after an election must stop. President Mnangagwa will join a growing but still small number of African politicians who put their country ahead of power. He must take this opportunity to negotiate a respectable exit and leave peacefully. An unnecessary and protracted battle will not benefit Zanu PF in the medium to long term.

To the international community, the road to the future of Zimbabwe, the rule of law, good governance and observance of human rights passes through a fresh pair of hands and genuinely alternative politics.

To SADC our regional guarantor of peace, prosperity and progress, it is important to build towards a peaceful Zimbabwe.

To all the hopeful Zimbabweans, I say to you, the future is yours and you must always be mindful that no amount of intimidation or harassment must be given a chance to stop democracy. Zimbabweans are a heroic people, we have overcome many trials and tribulations. We will not be defeated by enemies of progress. This country is far too important to give up on. Our future depends on us and the choices we make at this time.

Do not be discouraged by naysayers. Change is indeed coming and stay ready to celebrate. Yes it has taken too long and the process has been frustrating for you, but we must remain strong and focused on our victory.

Above all we must commit our nation and this whole week to God the Almighty in prayer.

I thank you