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Prof Jonathan Moyo @ProfJNMoyo
, 16 tweets, 7 min read Read on Twitter
1/16 There was no prize for guessing that junta lies would follow yesterday's historic ConCourt hearing on the theft of the people's vote. As expected, junta mouthpieces are today falling on each other to lie about court proceedings that were broadcast live around the world. Smh!
2/16 A big lie doing the rounds is that #ZEC stole the show via Adv Tawanda Kanengoni. Besides his babyface & preacher's voice, Kanengoni didn't excel as a lawyer. You excel when you answer tough questions from the Chief Justice & judges. None were asked!
chronicle.co.zw/zec-lawyer-shi…
3/16 The ConCourt, especially CJ Malaba, will see that, like a devil, Adv Kanengoni LIED that a V11 form has several pages & is based on 1 to 12 batches of ballot papers. A V11 is a one-page declaration of votes cast for candidates & spoilt at a polling station; as per attached!
4/16 It's an agreed fact that #ZEC recorded 16 polling stations that had IDENTICAL results. Adv Kanengoni did not answer how this was possible. He focused ONLY on one set of two of the polling stations, to prove nothing & was mum on the other 14 because he had no explanation!
5/16 Adv Kanengoni failed to produce JUST ONE Form PE2005/AA, required by law, to explain why presidential votes cast were 40,717 MORE than those cast in the parliamentary election. This huge discrepancy is ILLEGAL, without 40,717 PE2005/AA Forms; which ONLY #ZEC can produce!
6/16 Apart from failing to explain why #ZEC disobeyed a High Court order to enable 60k teachers to vote, with 40k disenfranchised, he also failed to explain the irrational voter turnout surges in Mash Central & Masvingo. He claimed with zero proof that Harare had a similar surge!
7/16 There are other key facts, based on #ZEC figures before the Court, which Adv Kanengoni did not address because he could not. The huruyadzo, or the biggest of them all, is that he could not tell the Court Mnangagwa's & Chamisa's TRUE & LEGAL results from three given by #ZEC!
8/16 The misplaced fascination with Adv Kanengoni's babyface & preacher's voice, at the expense of stubborn facts based on #ZEC figures, cannot sway a reasonable court. Lies do not become true because they have been told by a nice guy with a preacher's voice. #ZEC is too sullied!
9/16 A good lawyer in the ConCourt is one whose submissions withstand heavy duty grilling by the bench. Yesterday, it was adv Thabani Mpofu. If justice minister Ziyambi, as Mnangagwa's chief election agent, barred SA lawyers to help his candidate, today he has eggs on his face!
10/16 By the way, as Mnangagwa's chief election agent, Ziyambi was conflicted in the application by SA lawyers & thus should have recused himself. Also Chief Justice Malaba, as Chairman of Judicual Services Commission, should have recused himself from MISA streaming application!
11/16 Another big lie out there is that as applicant, Chamisa failed to submit primary evidence. The presumption is that the only primary evidence is the residue in the ballot boxes. Hogwash. MID played with that. Relevant primary evidence is what's in the #ZEC server & ZEC data!
12/16 Yet another big lie is that Adv Mpofu admitted that Chamisa's application was served out of time, on the 8th day. Hogwash. Adv Mpofu maintained the position that the application was lodged within 7 days & in the alternative sought condonation, if the court found otherwise!
13/16 A lie started by Mnangagwa & Uriri is that Chamisa should have sought to open ballot boxes for a recount within 48 hours of the result. They wanted him to do this because MID had played with ballot boxes. This left #ZEC server & data as THE ONLY RELEVANT PRIMARY EVIDENCE!
14/16 Zimbabweans & the international community, as recently pointed out by the UN Secretary General, expect the ConCourt to be independent & credible. Forget Adv Kanengoni's Mr nice guy face & voice. The #ZEC court papers on record speak for themselves. They are just pathetic!
15/16 Two sources of primary & empirical evidence: (1) data in the #ZEC server & (2) the published #ZEC data do not, repeat do not, support #ZEC's 3 Aug declaration that Mnangagwa got 50.08% votes. As Adv Mpofu asked in court yesterday, so what did he get & on what lawful basis??
16/16 Let it be said & said in the strongest terms without fear or favour, no reasonable court would condone #ZEC's gross misconduct, which is clear & present, without risking losing its credibility & plunging the country into the abyss of illegitimacy & catastrophic instability!
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