Tsvangirai Withdraws Petition at Last Hour

{{MDC-T leader Mr Morgan Tsvangirai yesterday withdrew his election petition from the Constitutional Court, hours before the court challenge was to be heard today.}}

The last-minute withdrawal of the case, according to Mr Tsvangirai’s withdrawal affidavit, was done because he had not been furnished with the election material he requested at the Electoral Court.

He also cited Chief Justice Godfrey Chidyausiku’s presence at the National Heroes’ Acre where President Mugabe gave an address as a factor that may deprive him of the right to a fair hearing.

To that end, the Chief Justice has cancelled today’s hearing on preliminary issues raised in the petition.
However, despite the withdrawal, the court directed the parties to appear in court on Monday.

The notice of withdrawal filed yesterday evening at the Constitutional Court by Mr Tsvangirai’s lawyers Artherstone and Cook reads:

“Take notice that the applicant or petitioner hereby withdraws his presidential election petition in respect of the 2013 harmonised elections.
“Further take notice that applicant or petitioner tenders costs of the respondents.

“Further take notice that applicant or petitioner’s reasons for withdrawal are contained in an affidavit filed separately in this Honourable Court.”

Chief registrar of the Constitutional Court Mr Walter Chikwanha directed the parties, on behalf of the Chief Justice, to appear in court on Monday despite the withdrawal of the case.

“Following the withdrawal of the Presidential election petition in respect of the 2013 harmonised elections by the applicant, the Honourable Chief Justice has directed as follows:

“The sitting of the Constitutional Court which was scheduled for Saturday 17 August 2013 at 10am be and is hereby cancelled.
“Legal practitioners of all the parties are directed to appear before the Constitutional Court on Monday 19th of August 2013 at 10am.”

In his affidavit, Mr Tsvangirai indicated that he had not received the requested election material for use in the petition hence he could not meaningfully argue that case.

Source: {Herald}