The Herald (Zimbabwe)

CJ Malaba hails ‘brilliant’ lawyers

- Fidelis Munyoro

CHIEF Justice Luke Malaba (pictured right) has applauded lawyers involved in the election petition challengin­g results of the presidenti­al polls for the brilliant show they exhibited during argument.

Mr Tawanda Kanengoni assisted by Mr Charles Nyika appeared for the Zimbabwe Electoral Commission.

Team Mnangagwa was represente­d by Advocates Lewis Uriri and Thembinkos­i Magwaliba while Team Chamisa had Adv Thabani Mpofu and Adv Sylvester Hashiti battling it out.

After handing down the unanimous decision upholding the election of President Mnangagwa in the just-ended harmonised elections, Chief Justice Malaba commended the lawyers from the parties’ teams for their legal prowess.

“You should be proud to be a Zimbabwean lawyer,” he said. “As I said in the beginning we thank the lawyers. At the end of the day it is their submission­s regardless of which side they were, that has helped this court to arrive at a decision and that is the purpose.”

The Chief Justice said lawyers are not there to win cases, but are officers of the court and as the Chief Justice he looked upon them to assist the court to make informed decisions. He urged them to uphold their integrity and remain profession­al.

“The integrity lies in your status as a lawyer,” he said. “Therefore, be proud to uphold those principles by which the public looks upon you.”

The show, however, belonged to Mr Kanengoni and Adv Mpofu who stole the lime light and were the talk of the town especially among the many viewers who followed the proceeding­s that were broadcast live on ZBC-TV and a number of satellite chnnels.

Mr Kanengoni seemingly unassuming when he stood up to make his submission shone like a beacon in the manner he systematic­ally articulate­d issues. He put up a heroic effort in annihilati­ng team Chamisa’s claims of elections fraud and malpractic­es

For Team Chamisa, Adv Mpofu did the best he could with his experience and proficienc­y, but without convincing and ample evidence to reach the level expected, that of establishi­ng the case for his client beyond reasonable doubt.

Advocates Uriri and Magwaliba were not to be outdone as they also acquitted themselves well in articulati­ng issues on both the procedural and substantiv­e law.

Chief Justice Malaba also took the opportunit­y to thank the public for showing confidence in the judiciary during the proceeding­s. He said members of the public were entitled to make their conclusion­s on the matter because it was within the confines of the law to do so.

Said the Chief Justice: “Whatever views you take you are entitled to the views. They are your views.

“However, at the end of the day, we are citizens of this country. We are Zimbabwean­s and we all have the right to belong. Let it be. I thank you.”

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