Con Court Presidential Election Petition Court Order

WHEREUPON, after reading documents filed of record and hearing counsel in this application/petition made in terms of section 93(1) of the Constitution of Zimbabwe,

And thereafter, that is to say, TUESDAY the 20th day of AUGUST 2013

The Constitutional Court unanimously concluded that an application/petition lodged with it in terms of section 93(1) of the Constitution of Zimbabwe challenging the validity of an election of a President or Vice-President is unique, in that it cannot be terminated by a withdrawal. In terms of section 93 of the Constitution of Zimbabwe, once such an application or petition is launched it can only be finalised by a determination of the Constitutional Court by either declaring the election valid, in which case the President is inaugurated within forty-eight hours of such determination, or alternatively by declaring the election invalid, in which case a fresh election must be held within sixty days. Without the said determination there can be neither an inauguration of the President nor the holding of a fresh election.

Consequently the purported withdrawal of the application/petition by the applicant before a determination of the matter is of no legal force or effect, save to indicate to this Court that the applicant has abandoned or does not persist with his allegations against the respondents.

In the result, the application is hereby dismissed with costs.

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