Chamisa To Lodge Petition With African Commission On Human And Peoples’ Rights Challenging ConCourt Decision

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MDC Alliance leader Nelson Chamisa’s legal team is reported to be lodging a petition with The African Commission on Human and Peoples’ Rights (ACHPR). The lawyers are seeking to challenge the decision made by the Constitutional Court alleging that it violates the universal human rights of the people of Zimbabwe. Chamisa has refused to accept the decision by the Constitutional Court to dismiss his election petition with costs. We publish the petition below with costs,

ACHPR PETITION CHALLENGING THE CONSTITUTIONAL COURT ELECTION DECISION IN THE AFRICAN COMMISSION FOR HUMAN AND PEOPLE’S RIGHTS (ACHPR)

1 The MDC Alliance has instructed its local and international team of lawyers to immediately lodge a petition with the African Commission on Human and People’s Rights (the ACHPR), otherwise known as the Banjul Commission, to challenge the 24 August 2018 Constitutional Court decision controversially validating ZEC’s declaration that Emmerson Mnangagwa won the 30 July 2018 harmonised general election.

2. The grounds of the petition are based on the flagrant and multiple violations of the universal human rights of the voters and people of Zimbabwe by the current Zimbabwean regime and the Constitutional Court, including:

(a) The right to free and fair elections;

(b) The right to a fair hearing before an impartial court;

(c) The right to legal representation by counsel of choice;

(d) The right against undue political interference; and (e) The right to be governed by a legitimate government.

3. Aggrieved African parties and citizens may only approach the ACHPR after internal domestic legal steps have been exhausted. This is clearly the case here since judgments of the Constitutional Court of Zimbabwe are not appealable in Zimbabwe, as it is a court of last instance. Available remedies in the ACHPR include declarations of human rights violations and more importantly restitution; which means the restoration of the victim parties and citizens to the original position before the violations.

4. The petition will pray and ask for a declaration that the result of the presidential election was a legal nullity.

If the African Commission makes findings that are different from the Concourt judgment, those findings will not reverse the judgment of the Concourt, however.   The African Comm is a quasi-judicial body and it makes recommendations (not judgments) which are not in themselves legally binding upon the State concerned. So the move by the MDC will at best generate recommendations which can be useful in pushing ahead the debate for electoral reforms

Chamisa is also facing a $3 million legal bill from Zanu-PF after the Constitutional Court case. 

Credit: Justice Mavedzenge

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6 comments

  1. Tuki Reply

    I feel MDC are becoming a thorn in the flesh just like Mugabe. In my humble opinion, it is time for the general membership of MDC to consider alternative leadership and declare Chamisa and his team unfit to lead.

  2. Tuki Reply

    I urge the local media to completely ignore the MDC bent on prolonging suffering yeruzhinji rweZimbabwe. Do not give him any coverage as long as he persists on this path, and imi ruzhinji rweMDC murikufungei naleader asingabvumi defeat? Angofanana naMugabe. I wonder if Chamisa still represents his people?

  3. Tuki Reply

    Those MDC youth vakabuda vachi promise intensive measures who are they? Hamunyari? Instead you need an intensive revamping of your party instead of wasting energy fighting the legal system. Be very careful of comitting treason because it seems to be the direction you’re choosing. Zvanzi”we are prepared to die..” who is “we?” You and your children, wife, brother, sister, mother, father, uncle..?? Kana kuti the innocent and naive among your followers?

  4. Tuki Reply

    I urge our president, His Excellency ED and his government to preserve our social norms and values viz a viz definition of marriage, abortion, etc. and not bow to pressure from so called developed countries and their aid. To also discourage rotten language used by some Zimbabweans on social media and to make it criminal.

  5. Samuel Reply

    MDC Rest In Peace. Chamisa Rest In Peace. MDC supporters please Rest In Peace. Maneta chigarai pasi muzorore murunyararo. Tinoziva zvedu kuti vamwe venyu vachadenha vosungwa kuti zvigoita sekunge Zimbabwe iri kutyora kodzero dzevanhu. Chamisa remember that you are not representing every Zimbabwean and therefore don’t talk about everyone. Be specific that you represent your supporters only. You failed to prove rigging that you were singing. You said you had experts from Germany as well as anti rigging mechanism in place. Baba itai zvevhangeri musiyane nepolitics. Hamuzvigone izvi

  6. Gift Reply

    Chamisa is doing an excellent thing ever done by any political person in Africa to create an environment where they pursue their victory in a peaceful, nonviolent way in an Evil system that has unfair judges at a high level of courts. Africa should have a court that can make substantive outcomes that can reverse the judgment from courts.

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