Again the MDC is planning to go to court to challenge the decision of the Zimbabwe Election Commission – which clearly acts on the instructions of Mugabe and Zanu-PF – to order a recount in some constituencies. Nothing could be more obvious than that Mugabe and his ZEC, having lost the election, are using every possible trick to give an appearance of electoral legitimacy to his decision to stay in power regardless.
But what good will it do the MDC to go to court? They’ve already tried legal action to force the ZEC to release the election results. If you remember, the police stopped them getting into the court building at first. Well, they got in in the end, but in this obviously urgent case, the judge has said he will “exert himself” to come up with a ruling tomorrow. But the case has already taken over a week, which is both far longer than the arguments should have taken (I reckon two days argument at most was necessary) and far longer than the situation requires. The ZEC is now using the court as an excuse not to release the results, a decision I might regard as contempt of court or abuse of process, if I were the judge. It’s also muttering dark warnings that it would be “dangerous” for the court to order the release of the results.
What are the odds on any kind of ruling tomorrow? Well, perhaps the judge will get on with it if he rules Mugabe’s way, I suppose. Will the judge prove my cynicism right or wrong?
We have here yet another example of Lord Denning’s famous observation that legal theory does not march hand in hand with political reality. The courts in Zimbabwe are, in practice, essentially powerless under the present regime.
One would hope that the court will properly apply the applicable law and make a ruling but truly independent courts are (sadly) hardly the norm in much of Africa. I am not however holding my breath awaiting some historic judgment.