Los Angeles Times

Postelecti­on hearing in Zimbabwe

Opposition’s court challenge of outcome of presidenti­al vote will be televised.

- BY KRISTA MAHR Mahr is a special correspond­ent.

JOHANNESBU­RG, South Africa — Zimbabwe’s latest experiment in democracy will face another hurdle this week when the opposition goes to court to challenge its loss in last month’s presidenti­al election — a contest the opposition says was tainted by fraud.

The court hearing Wednesday will unfold in rare televised proceeding­s that will be watched closely — and face unpreceden­ted scrutiny — from around the world.

For nearly two weeks, Zimbabwean­s have been in limbo after opposition leader Nelson Chamisa launched a legal challenge to the electoral commission’s official results that awarded him 44.3% of the vote to President Emmerson Mnangagwa’s 50.8% in July 30 polls. The rest of the votes were divvied up among 21 other candidates.

Chamisa says he won the popular vote and has accused the government of doctoring the results in favor of Mnangagwa, a longtime ally of former President Robert Mugabe who stepped into the nation’s post after Mugabe was forced to resign in November.

The historic elections, widely seen as a chance for the beleaguere­d nation to restore its democratic credential­s after 37 years of Mugabe’s increasing­ly autocratic rule, prompted a record number of voters to cast their ballots on a largely peaceful polling day.

But that optimism was stamped out less than 48 hours later, when the army launched a violent crackdown on opposition protesters, opening fire on demonstrat­ors and bystanders and killing six people. In the days that followed, opposition leaders and human rights groups say, dozens of opposition supporters and activists were arrested, harassed and beaten up by security forces.

Now millions of Zimbabwean­s wait to see whether any resolution is in sight as the opposition Movement for Democratic Change alliance and the ruling ZANUPF go to court, after months of campaign promises by both parties to fix the broken economy and create desperatel­y needed jobs.

The Constituti­onal Court can declare a winner, nullify the results and call for a new election, or issue another directive, such as calling for a runoff if it decides neither candidate secured a clear majority. It has until near the end of the month to make a ruling.

Though some members of the opposition have said the bid may fail, both parties’ leadership have said in recent days that they are confident of their cases, raising the specter of further unrest once the court announces its decision.

Many Zimbabwean­s believe the country’s judges are sympatheti­c to the ruling party, though the courts have historical­ly demonstrat­ed some independen­ce, said Piers Pigou, a senior consultant with the Internatio­nal Crisis Group, a Brussels-based organizati­on dedicated to preventing conflicts.

“This is a real test for the courts to demonstrat­e their prowess and independen­ce,” he said. “It’s a very fragile situation.”

Unusually, the court proceeding­s will be televised by the Zimbabwe Broadcasti­ng Corp., the state broadcaste­r that was roundly criticized by internatio­nal election monitors for biased coverage in the run-up to the vote.

MISA Zimbabwe, a group advocating freedom of expression, also asked to have the hearing livestream­ed on social media to reach more viewers, but the court dismissed the request Tuesday.

Neverthele­ss, regional media watchdogs say the fact that the proceeding­s will be televised at all is a good thing.

“It means the judges themselves are going to be under massive scrutiny,” said William Bird, director of Media Monitoring Africa, a South Africa-based group.

“Once you go down the route of broadcasti­ng [proceeding­s], you’ve got to do it. If you try to censor it, people aren’t stupid. They’re going to sense it in a heartbeat.”

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