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afrol News, 12 April - As of today, the Zimbabwean opposition Movement for Democratic Change (MDC) has file an election petition in Zimbabwe’s High Court seeking the nullification of President "Robert Mugabe's purported re-election" in the 9 and 10 March presidential elections. The MDC rejects the outcome of the presidential elections and categorically views Mugabe's presidency as illegitimate. In a statement by Morgan Tsvangirai, President of the MDC, released yesterday, he declares that the opposition should restate its "salient position that the issue of the election that was stolen from the people of Zimbabwe and the consequent illegitimacy of the sitting government is fundamentally a matter that falls within the province of political dispute requiring a political solution." - We are bringing this legal action in the full knowledge of the above, Tsvangirai says. "In the light of this, we view the legal process as complementing the political process. The hearing of this matter in court, will in fact, expose overwhelmingly shocking evidence of electoral fraud and a complete picture on how the will of the people of Zimbabwe was subverted with impunity on the 9th and 10th of March." The MDC leader assures his party has "an overwhelmingly strong case." The MDC's legal machinery had been working on this case, 24 hours around the clock in anticipation of the party leadership's decision to complement the political process on the election through legal action. "Our lawyers have uncovered mountains of hardcore and powerful evidence of electoral fraud, which if presented to an independent and impartial court would undoubtedly result in Robert Mugabe’s electoral victory being set aside," Tsvangirai states. - We however hasten to add that we are not under any illusions that despite the overwhelming evidence at hand, the complimentary legal action may face a hurdle, the MDC leader warns. He points out that the governing party, ZANU-PF, had now "subverted Zimbabwe's judicial system." Also the MDC's legal spokesman, David Coltart, fears that the legal action was "likely to be dismissed" by the Supreme Court. The advantage would however be that "through a legal challenge the MDC would be able to make a powerful political statement," Coltart says. He assured that his party still was "committed to non-violence and to working within the law, even though the law had been subverted." Tsvangirai further said he appreciated the ongoing talks with President Mugabe's party to find political solutions to the Zimbabwean crisis and that the MDC's legal action not was an attack on these political efforts. "We only had 30 days within which to file this election petition," he points out. "We simply could not forfeit the remedy given to the MDC by law, by failing to file the election petition within the time limits prescribed by the electoral law." - As MDC, we have entered in these talks in the full knowledge that we have a national responsibility to find a solution to the Zimbabwean crisis, Tsvangirai finishes. "In the event that ZANU-PF acts in good faith in these talks, and a solution is found to the crisis, then, the court action may not be necessary." The talks between the MDC and ZANU-PF came after an initiative by the South African and Nigerian heads of state, at first promoting the idea of a government of national unity by the two parties. The MDC rejected this categorically, saying this would legitimise the election results. The party is, however, prepared to enter into a transitional government to assist in governing the country until a new election took place in accordance with laws that complied with international norms and standards. At the ongoing talks, the MDC is demanding a new election. The talks were adjourned yesterday without achieving a breakthrough, and are due to resume next month. President Mugabe has denied all allegations by the MDC and has said that no new presidential poll will be held until his term expires in six years' time.
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