A ZIMBABWEAN citizen, Brian Mari, has dragged the Zimbabwe Electoral Commission (Zec) to court, seeking an order to compel the electoral body to run a fresh election due to various irregularities, among them a flawed delimitation exercise.
The main opposition party Citizens Coalition for Change (CCC) was the first to dispute the August 2023 poll results in which President Emmerson Mnangagwa was declared the winner. CCC described the poll as a “gigantic fraud”.
Mari also cited Chief Justice Luke Malaba as a respondent in the matter, arguing that he had no judicial authority in Zimbabwe
In his application, Mari wants the Law Society of Zimbabwe, cited as the fourth respondent, to investigate lawyer Lewis Uriri who he accuses of undermining democracy by taking instructions from two opposing parties.
Uriri is also a respondent in the case alongside the Zimbabwe Human Rights Commission, Clerk of Parliament, Commander of the Zimbabwe Defence Forces, attorney general and the Zimbabwe National Statistics Agency.
“I, therefore, seek a declaratory declaring that the action of the Zimbabwe Electoral Commission, Mr Luke Malaba and Mr Lewis Uriri are not lawful,” said Mari in his application. Direct Zimbabwe Electoral Commission to conduct fresh elections that comply with all principles and laws governing a democratic process. Direct Zimbabwe Human Rights Commission to carry out an investigation on abuse of office and authority at Parliament, Zec and Courts and take appropriate action,” said Mari.
He added: “I, therefore, seek a declaratory that directs Law Society to conduct an investigation on the conduct of its members in relation to obligation imposed on every person by section 44 of the Constitution and binding in terms of section 45 and come up with a remedy that seek to protect right in section 67(1)(a) against the conduct of legal practitioners who carry instructions from two opposing parties, one in judicial robes and another as litigant and undermine democracy.”
Mari said he did not recognise Justice Malaba as the Chief Justice.
“For reasons mentioned below, I do not recognise Mr Luke Malaba as the Chief Justice of Zimbabwe and I will always address him as Mr only,” he said.
“He has no judicial authority of Zimbabwe and at no given time did he take judicial oath of office as a section 166 of Constitutional court judge, neither did he ever qualified for appointment as Judge of Constitutional Court before he retires as Supreme Court Judge under the conditions of section in 86 of Former constitution.”
Mari also castigated Uriri, who is also President Emmerson Mnangagwa’s lawyer, but also represented Sengezo Tshabangu, a CCC self-imposed secretary-general who recalled several opposition legislators after the harmonised elections.
“I am also putting before the court’s attention of a legal practitioner by the name Mr Lewis Uriri who is acting in all cases involving undermining the authority of Zimbabweans.
“Mr Lewis Uriri is the legal representative of Mr Luke Malaba in the Musa Kika v Luke Malaba case. A judgement was issued showing Mr Uriri as the lawyer of Mr Malaba. Mr Uriri is also the lawyer of Mr Tshabangu. Judges are acting on instructions of Chief Justice as manned by Mr Luke Malaba as shown in Practice Direction and Mr Tshabangu is represented by Mr Luke Malaba’s lawyer, then whose instruction does Mr Uriri apply between Tshabangu instructions and Mr Malaba’s instructions?” he said.
