Zimbabwe court hears election fraud claims

The opposition is challenging results in nearly 40 constituencies

By Grant Ferrett in Harare

A month after Zimbabweans cast their votes in the country's most fiercely contested elections in 20 years of independence, the ballot boxes are once again being unloaded.

This is happening because the High Court is considering legal challenges by the main opposition party to the results in nearly 40 of the constituencies.

Robert Mugabe's Zanu-PF party is dismissing the recount as a publicity stunt

The Movement for Democratic Change (MDC) says that there was violence during the election campaign, as well as irregularities during polling itself.

They are demanding a re-run in nearly two-thirds of the seats won by the government.

The ruling party, Zanu-PF, has dismissed the legal challenges as a publicity stunt but the court cases could still prove to be highly significant.

Voting irregularities

We've got people who ... are still on the run. We would like to see democracy prevail, and by that we mean there should be a re-run in this constituency

Elliot Pfebve, defeated opposition candidate

The opposition has been focussing on the results in the Mazowe East constituency, which was won by a clear margin by the then Information Minister, Chen Chimutengwende.

As he watched the boxes being unloaded, Mr Chimutengwende brushed aside suggestions that he and the ruling party faced a serious problem.

"We won't lose," said Mr Chimutengwende.

"I don't think they'll find any irregularities which can cause that kind of situation."

Mr Chimutengwende : 'We won't lose'

"It's just for them. It's a way of getting publicity and they make money out of it because the donors are paying all the legal expenses and that's it."

Whatever Mr Chimutengwende's assertions, the government faces, at the very least, a long and time-consuming battle through the courts as it responds to legal challenges to its victory in seats throughout the country.

Campaign of violence

Elliot Pfebve: Defeated MDC candidate

Elliot Pfebve is the defeated opposition candidate for Bindura.

His lawyers are trying to find the government's victorious candidate, Border Gezi, as part of their legal challenge to the results in this constituency.

However, their opponent is proving elusive. Mr Pfebve and his supporters faced one of the most concerted campaigns of violence of the whole election.

His brother was one of the more than 30 people murdered nationwide during the run-up to polling.

Even now, he says the town still has not returned to normal.

"We have people whose properties were burned," he says.

Allegations of intimidation have persisted since the elections

"We've got people whose cars were torched, and people who are still on the run."

"We would like to see democracy prevail, and by that we mean there should be a re-run in this constituency."

The opposition is challenging the results not just because of election violence.

It also alleges that there were serious flaws during the two days of voting, with names of dead people appearing on the voters' roll, some people voting more than once and ballot boxes disappearing.

Better luck next time?

Many of the contested seats are in rural areas where the government would normally expect to do well.

However, the opposition thinks it has a real chance of winning a significant number, according to one its most senior figures, Welshman Ncube.

"We would win even without any further campaigning in about eight or 10 of the constituencies that we are contesting and that would make a difference for us," he says.

Welshman Ncube: Confident of winning more seats

However, given the opposition's complaints about the unfair nature of the original contest, does it think any re-runs would be any better?

Mr Ncube says yes.

"It's going to be as difficult as it has been. But, we think that people will be more informed."

"Obviously, if we're dealing with one constituency at a time, it will be more difficult for them to cheat."

"Our entire manpower would be deployed in that constituency whereas in the general election we were all over the country."

If the opposition wins just three of the contested constituencies, the government will find itself with a minority of the elected seats in parliament.

Such an outcome would not only make it more difficult to push through unpopular legislation but, more significantly, would mark an unprecedented general election defeat for President Mugabe's party after 20 years in office.