Zim opposition in court to challenge polls

Published Feb 12, 2001

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Harare - Zimbabwe's High Court on Monday began hearing the first of 37 challenges to victories by President Robert Mugabe's ruling Zanu-PF party in the 62 constituencies it took in last June's parliamentary elections.

If successful, the petitions will destroy Mugabe's majority in the house, putting Morgan Tsvangirai's Movement for Democratic Change, which currently holds 56 seats, within reach of power.

At separate court sessions, judges Vernanda Ziyamba, James Devittie and Paddington Garwe are due to hear the petitions over a period of weeks, despite unsuccessful attempts by Mugabe to put a stop to the proceedings by an edict controversially declared unconstitutional by the Supreme Court.

Since the unanimous Supreme Court ruling was handed down by Chief Justice Anthony Gubbay, the government and ruling party have declared they have "no confidence" in the judiciary, have forced the early retirement of Gubbay, and plan to purge the bench of all alleged "reactionary" judges.

Last Friday the oldest of the four remaining Supreme Court judges, Nicholas McNally, refused an ultimatum to resign.

Following death threats to judges and their families by state- funded "war veterans", Justice Minister Patrick Chinamasa has warned those who refuse to quit they "cannot have their safety guaranteed".

Monday morning Ziyambi began hearing the first petition on behalf of a defeated MDC candidate who alleged widespread use of terror and corruption by the victorious Zanu-PF MP.

European Union and Commonwealth observer groups alleged the poll was grossly irregular, in view of the impunity granted by Mugabe and police to gangs of thugs deployed by the ruling party, backed by the Central Intelligence Organisation.

About 40 opposition supporters, including six white farmers suspected of MDC sympathies, were murdered during the elections, none of the perpetrators being brought to justice.

Roman Catholic Archbishop Pius Ncube of Bulawayo said agitation for urgent land reform was used as a cloak for intimidation of government critics.

Verdicts in the cases are not expected for several weeks, and legal sources expect Mugabe to make further attempts to stop the courts overturning his parliamentary majority.

Mugabe plans to seek a further six year presidential term next year, when he will be 78, despite being in power since 1980 independence. - Sapa-DPA

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