Zimbabwe: The MDC files a legal challenge to President Robert Mugabe’s victory in the presidential election
The official results of the presidential election in Zimbabwe held on Wednesday 31 July, 2013 confirmed President Robert Mugabe’s seventh term in office and his main challenger Prime Minister Morgan Tsvangirai of the Movement for Democratic Change (MDC) was defeated with 34 % of the votes. The Mugabe party, Zanu-PF won a two-thirds majority in the parliament which enables them to amend the constitution.
However, on Friday, the 9 August, 2013 the MDC filed a law suit against the results of the presidential election at the Constitutional Court with the petition to annul the election results and to call for a new election within 60 days. The MDC named 15 faults including bribery, manipulation of voters’ roll, refusal to receive votes, intimidation and abuse of assisted voting.
Meanwhile, Robert Mugabe is awaiting the Court’s decision before he will be sworn in for a seventh consecutive term. If the Court upholds the results of the presidential election, he will be sworn in within 48 hours of the ruling.
Kenya: ICC Judges give guidelines for the trial against Ruto and Sang
The ICC Judges Chile Eboe-Osuji, Olga Herrera Carbuccia and Robert Fremr have released an intensive work plan for the trial against Ruto and Sang scheduled to begin on 10 September, 2013. This plan includes the timelines and procedures which have to be followed during the process. The judges directed the prosecution to update their list of witnesses and to delete the name of those who have withdrawn their testimony. Chief Prosecutor Fatou Bensouda was asked to reduce the time she intended to use to present the case and to question the witnesses until 3 September, 2013.
During the procedure each party will have two hours to make opening statements. The prosecution will start preceding the representatives of the victims, followed by the statements of the Ruto’s and Sang’s defence. After the closing of the prosecution’s case, the judges will allow the defence team to submit a plea on whether the accused have a case to answer. Mr Ruto and Mr Sang will also have the opportunity to give their personal statements before the ICC.
The ICC Judges allowed the prosecution and the defence to use videos, photographs and maps during the process. If the parties intend to use audiovisual aids, they will have to disclose copies of them to the judges a week before the trial begins.
The Trial Chamber has not yet decided on the appeal of Bensouda regarding the judgment excusing Ruto from being physically present at the Court at all sessions. The judges will discuss the issue during the next status conference to be held before the trial commences.
Kenya: President Kenyatta wants his ICC trial to be held in Kenya or in Tanzania
Last month the ICC Judges directed all parties to President Uhuru Kenyatta’s trial to file their submission on where the court should sit for the trial. Consequently, Kenyatta’s lawyer Steven Kay submitted a petition indicating that president Kenyatta wants portions of his trial to be held either in Kenya or in Tanzania in order to match his political duties with attending the proceedings.
President Kenyatta’s defence added that Rule 100 (1) of the ICC’s Rules of Procedure and Evidence states that “where the Court considers that it would be in the interest of justice, it may decide to sit in a State other than the host State”. Further, they indicated that on 7 February, 2013 neither the Registry nor the prosecution objected to hold appropriate portions of the trial in Kenya or Tanzania.