MDC Alliance candidate in the 2018 presidential elections, Nelson Chamisa, will pursue a fresh application at the Constitutional Court (ConCourt) to have its ruling on his election results challenge set aside.
Advocate Thabani Mpofu, who is Chamisa’s lawyer, said after studying Jonathan Moyo’s book, Excelgate, they were now making efforts to have the judgment on the 2018 presidential elections rescinded.
Mpofu further argued that the Zimbabwe Electoral Commission (ZEC) presented false information to the courts, hence, their call for the judgment to be set aside. He said:
The general rule is that once a final judgment or order has been given, the judge who gave it or any other judge of parallel jurisdiction has no power to alter, rescind, vary or set it aside, except in the few instances recognised at common law or by the rules of the High Court.
One of the exceptions recognised at common law is when the judgment or order has been obtained through fraudulent misrepresentation.
Legal experts concurred that it is within Chamisa’s rights to approach the court to have the ruling invalidated.
Midlands State University law lecturer and human rights lawyer, Valentine Mutatu, said if there is new and compelling evidence it was possible for Chamisa to launch a fresh application.
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I m not a politician and has no political party at heart but as a Zimbabwean citizen I have been following closely to this story. It is very unfortunate that Chamisa keeps on relying on this advocate Mfofu, he is a time waster and don’t even know how to put his facts together. His mouth is too loose and very careless. How can he talk of getting back to the highest court of the land simply because he has read a book? Can such a book be presented in court as evidence?
Pls Chamisa get yourself a bitter and better lawyer to stand for you. Mpofu even failed to answer straightforward questions before the judges sitting in the same court and that led to your downfall but you still seem to be too blind to see. Yes with better evidence u can stand your ground but can u be led by a blind person?