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Yeukai Karengezeka

Harare Bureau

THE Constitutional Court yesterday dismissed for not following court rules the urgent application filed by MDC-A leader Senator Douglas Mwonzora challenging the Zimbabwe Electoral Commission’s gazetted delimitation report.

The matter was heard before a seven-judge bench chaired by Chief Justice Luke Malaba.

In his application through his lawyer Mr Trust Maanda, Sen Mwonzora sought an order declaring the delimitation report invalid and ordering ZEC to redo the delimitation process.

Sen Mwonzora also wanted the court to order President Mnangagwa to proclaim election dates only after the new delimitation report had been resubmitted. He based his application on an alleged violation of section 161 of the constitution. But the court said he failed to prove how fundamental rights are being violated and how delimitation of constituencies affected those rights.

He had cited the President Mnangagwa, Minister of Justice Ziyambi Ziyambi and ZEC as respondents in the matter.

Tawanda Kanengoni on behalf of ZEC maintained that Sen Mwonzora had failed to show that he even had the right to bring the action, and he could not show how his interests are affected by the delimitation hence he had no legal standing and was not properly before the court.

The court ruled that as it stands, a gazetting of the delimitation report was in compliance with the requirements of the law and stood valid until declared otherwise by a court of law.

Sen Mwonzora’s application relied on the alleged violation of Section 161 and of the constitution by the respondents in the preparation of the delimitation reports. Sen Mwonzora pleaded two separate causes of action and this was described as procedurally impermissible.

“Therefore the court unanimously finds that no proper cause of action has been pleaded by the applicant to move the court to involve the exercise of its jurisdiction on the merits. Accordingly the application is dismissed with no order as to courts,” said Chief Justice Malaba.

In response to the ruling, Sen Mwonzora yesterday issued a Press statement saying it was unfortuante that the court dismissed the case on procedural grounds. “We strongly disagree with this decision, as we firmly believe that the delimitation report produced by the Zimbabwe Electoral Commission is flawed and does not comply with constitutional requirements.”

The MDC-A was committed to upholding the principles of democracy and the rule of law in Zimbabwe, and would pursue all available legal avenues to ensure that the delimitation report was revised or nullified, said the statement.