Zim election secrets set to be exposed

via Zim election secrets set to be exposed – Nehanda Radio Sep 22 2014

Repeated controversies that have dogged Zimbabwean elections could soon be laid bare after the South African Supreme Court of Appeal (SCA) dismissed with costs on Friday the latest attempt by President Jacob Zuma’s government to overturn a lower court order that compelled it to hand over a much sought-after report into shenanigans surrounding Zimbabwe’s disputed 2002 elections.

The Khampepe Report was compiled by leading South African jurists, including the country’s respected deputy Chief Justice Dikgang Moseneke, who looked into the freeness and fairness of the 2002 elections which observers and the opposition MDC dismissed as both unfair and not free.

In its ruling, the SCA found that the South African government had abused legal process and used implausible and unsustainable legal claims to fob off endeavours by the Mail and Guardian newspaper to lay its hands on the report.

However, the court declined to give, for now, much more than the vaguest of hints regarding what the report contains.

“Since this might still not be the end of the matter, I shall refrain from disclosing the contents of the report,” judge Fritz Brand wrote in the judgment, that was unanimously agreed to by the rest of the SCA bench, after a so-called judicial peek at the contents.

But Brand did disclose that the contents held nothing “that supports the grounds upon which the presidency refused the access sought by M&G”.

At one point during consideration by the SCA the report itself, what the State claimed to be the only copy in existence, mysteriously disappeared, only to reappear again.

The M&G first applied for access to the report in 2008, on the basis that its contents were in the public interest. The report was compiled by justices Sisi Khampepe and Moseneke, who were sent to Zimbabwe to provide a view on the conduct of the 2002 elections.

Despite the availability of the presumed hard-hitting report, the then-president Thabo Mbeki still declared controversially that South Africa was satisfied with the fairness of the Zimbabwean elections, as did observers from Nigeria and the Organisation of African Unity.

But other observers, including those from the likes of Norway, said Mugabe’s Zanu-PF had used violence to sway the vote.

Yet other observers pointed to changes in citizenship rules and vote registration as evidence of rigging.

The South African presidency consistently argued — during the terms of both Kgalema Motlanthe and Jacob Zuma — that the contents of the report could not be disclosed ostensibly because this would damage relations between South Africa and Zimbabwe.

On Friday, however, the SCA said some of its arguments were legal gymnastics and others held no merit at all.

One technical part of an earlier appeal by the presidency “amounts to abuse of process, which cannot be tolerated”, the SCA found.

In another instance the court said that trying to declare that Khampepe and Moseneke had been acting as diplomatic envoys — which could imply that anything said to them was protected as diplomatic communication — “borders on the cynical”.

The presidency had, therefore, sought to introduce “intricacies” into the case, Brand wrote.

Shorn of complications though, the Constitutional Court had found the presidency had not made a case against release of the report. The High Court (after a judicial peek) found nothing in the report itself that would justify refusal to release it, and the SCA (after its own judicial peek) was “not persuaded that the high court was mistaken in arriving at the conclusion”.

Representatives for the South African government said the judgment had to be studied before it could comment. Mail & Guardian

COMMENTS

WORDPRESS: 13
  • comment-avatar
    Chaka 8 years ago

    This shows that our neighbours are the cause of the political situation in our country. If it takes 12 years to get such an important report, then the rigged 2013 elections report will be available in 2025. Can it be corrected? Fellow Zimbos this is very disgusting.

    • comment-avatar
      bveni 8 years ago

      Nieghbours not the source of our problems. Souce of our problems is a docile populace which reluctant to confront Zanupf and make a stand. As a result those in power do watever they want to do at the expense of the ordinary man.

      • comment-avatar
        Farai H 8 years ago

        Perhaps.

        But after a protracted decade long war where scores were massacred, those memories are still vivid for many who know and felt what war violence is like. ZANU-PF is merciless and will unleash it’s military machine on it’s own people. Scores will die if people “take a stand”. Are you ready for that?

  • comment-avatar
    Bambazonke 8 years ago

    A bucket of diamonds and anything can go missing or delayed , it as simple as that

  • comment-avatar
    mark longhurst 8 years ago

    Mandela,Mbeki and Zooma-couldn’t give a continental about Zim because they need the 4 million bods to keep south Africa running !!They should bury their heads in shame supporting africas worst dictator and racist bigot .

  • comment-avatar
    Mdidi 8 years ago

    Shonas sort each other that side and stop making noise. Its the monster that you created. So enjoy your music. Lingasibangeli umsindo!

  • comment-avatar

    Was the report “doctored” during the period of about two weeks when it went missing? Who can you trust?

  • comment-avatar
    Mena Bona 8 years ago

    The very fact that this report has been stifilled by the ANC Government is proof enough that they knew that election was rigged. That one and the others since then. They care nothing for democracy as much as they constantly call themselves a democracy. A gang of rogues, nothing less.

  • comment-avatar

    All will be exposed. God will make sure of that. You cannot douse the truth forever.

  • comment-avatar
    musa musa 8 years ago

    yesterday you said they were exposed, today you say set to be exposed…which is which.

  • comment-avatar

    Who is going to bell this “nuclear cat that zimbos fed on uranium cheese” since 1980??? Perhaps we should exhume nyerere for answers.

  • comment-avatar
    Ian Smith 8 years ago

    This must be taken serious we want a true Zimbabwean to be our President not this Mugabe a Malawian thats wy he is triting zimbabweans cruel like this because he is not a Zimbabwean