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LEGAL experts yesterday castigated MDC-T leader Mr Morgan Tsvangirai for daring to willfully break the law by unofficially announcing election results ahead of the Zimbabwe Electoral Commission.The legal experts said it was clear that Mr Tsvangirai, who claims to be a champion of democracy, knew he was headed for defeat and wanted to create conditions to challenge the poll result.

In terms of the Electoral Act, only the ZEC chief elections officer has the mandate to announce election results and it is an offence for any unauthorised person to do so.

Addressing his supporters at a rally held in Domboshawa last Friday, Mr Tsvangirai said despite the provisions of the law that clearly stipulate that election results will be announced by ZEC only, the MDC-T would collate results posted at all polling stations and declare them nationally.

“Maresults handiti tinenge tinawo at every polling station. Tino announcer kuti tahwina whether they like it or not. We will announce,” he said. “Kana vachizosunga hameno kuti vanosunga ani tinenge tave mapresident. Mungatadza zvinhu zvakapusa kudaro,’’ Mr Tsvangirai said.

His threats followed similar utterances by his party’s secretary general Mr Tendai Biti early this year that he will announce the results at Meikles Hotel.

Mr Terrence Hussein of Hussein, Ranchhod and Company said anyone who breaks the law would be arrested.
“The (Electoral) Act is very clear on two things. First, it is a criminal offence to announce the election results before the electoral body and whoever decides to break the law will be running the risk of getting arrested,” he said.

“Secondly, there is a provision in the Electoral Act which states that by announcing the results before ZEC or undermining that provision, you run the risk of having the results nullified later on in the court of law. Every individual should uphold the rule of law unless Mr Tsvangirai does not care about the results or is not confident of the results,” Mr Hussein said.

President Mugabe yesterday warned Mr Tsvangirai against announcing the results saying the police will not hesitate to arrest him.
Harare lawyer Mr Farai Mutamangira described Mr Tsvangirai’s statements as “startling”.

“It is a violation of the law if it were to be done as threatened,” he said.
“The motive is startling in that it reflects strong elements of a hopeless acceptance of defeat. The unilateral declaration of victory is intended thereby to constitute victory notwithstanding the fact that results may be in the opposite.”

Mr Jonathan Samkange of Venturas and Samkange law firm said the cornerstone of democracy was respecting the rule of law. He said no one, including Mr Tsvangirai, was above the law.

“It is an offence to announce the results and for sure he (Tsvangirai) will be arrested if he does so,” he said.
“Mr Tsvangirai’s statements show that he is being ill-advised because if you look at it he has always been like that. How can he become a leader if he fails to respect simple rules,” Mr Mutamangira asked.

Mr Samkange said Mr Tsvangirai should take a leaf from President Mugabe who respects the country’s laws.
“Zvinonyadzisa munhu kudada nekutyora mutemo vanhu votokupururudzira,” he said.

“You should follow the law no matter your standing in society that is the reason why you saw President approaching the courts whenever legal issues arose during the days of proclamation.”