Independent Online
Harare – Zimbabwe’s Supreme Court on Thursday began hearing a petition from opposition leader Morgan Tsvangirai challenging President Robert Mugabe’s victory in elections three and a half years ago.
A lawyer for Tsvangirai argued that the constitutional rights of the leader of the Movement for Democratic Change (MDC) had been violated because the case had been delayed for so long.
Tsvangirai had first lodged a legal challenge to Mugabe’s disputed victory in April 2002, barely one month after the election which was won by the longtime Zimbabwean president by less than 500 000 votes.
The challenge was only heard in the High Court 18 months later, and the judge went on to dismiss the case after another seven months without giving any reasons for his decision.
“We know of no case in the world where there has been a delay like this,” the opposition leader’s South African lawyer Jeremy Gauntlett said as the case opened Thursday morning before a full bench of five Supreme Court judges.
Gauntlett said the delay had disadvantaged his client because some key witnesses had died or moved away.
According to a statement from the MDC’s secretary for legal affairs David Coltart, the party wants the Supreme Court to nullify Mugabe’s victory or at least listen to the arguments of Tsvangirai’s case.
Tsvangirai maintains Mugabe and his ruling party have stolen the last three elections in Zimbabwe – parliamentary elections in 2000, presidential elections in 2002 and parliamentary elections earlier this year.
In court Thursday, Chief Justice Godfrey Chidyausiku acknowledged there had been misconduct on the part of the High Court judge.
But lawyers for the 81-year-old president say Tsvangirai’s application is frivolous and vexatious. They are due to address the court later in the day.
The MDC leader is no stranger to Zimbabwe’s courts. Two years ago he went through a protracted treason trial after he was accused of plotting to kill Mugabe ahead of the March 2002 polls.
He was finally cleared of the charges in October last year.