MDC-T president Douglas Mwonzora and his party on Tuesday filed an urgent chamber application at the High Court seeking the nullification of the Zimbabwe Electoral Commission (ZEC) delimitation report.
Mnangagwa gazetted the delimitation report on 20 February.
The MDC-T is seeking a High Court determination to have the matter referred to the Constitutional Court (ConCourt).
He argues that the delimitation report does not meet the requirements of section 161 of the Constitution of Zimbabwe. Mwonzora’s submission reads in part:
… we seek a declaratur declaring the delimitation report prepared by first respondent (ZEC) and gazetted by second respondent (Mnangagwa) on February 20 null and void for not being in accordance with provisions of section 161 of the Constitution of Zimbabwe.
He cited ZEC, President Mnangagwa, Justice, Legal and Parliamentary Affairs Minister Ziyambi Ziyambi and the Attorney-General’s Office as the respondents.
Section 161(11) of the Constitution outlines the procedures for delimitation and what the President should do after receiving the final delimitation report from ZEC. Reads Mwonzora’s application:
Applicant also seeks an order for consequential relief in the form of a mandamus (a judicial writ issued as a command to an inferior court or ordering a person to perform a public or statutory duty) directing the first respondent to conduct a fresh exercise of delimitation in compliance with the dictates and requirements of section 161 of the Constitution of Zimbabwe, and in particular to base the report on a final population census report.
Applicants further seek consequential relief directing second respondent not to proclaim elections before the first respondent has prepared a delimitation report that is in compliance with section 161 of the constitution of Zimbabwe.
Election watchdogs, data analysts, and other stakeholders have accused ZEC of using the wrong formula to calculate voter variations and this resulted in some constituencies having a significantly higher number of registered voters than others.
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