Poll petition rejected, opposition member killed

Zimbabwe's High Court yesterday rejected an opposition bid to force authorities to release the result of the country's presidential election after a two-week delay that has stoked fears of violence.

As the court dealt a major blow to its efforts to reveal who won the March 29 vote, the Movement for Democratic Change said one of its supporters had been stabbed to death by members of President Robert Mugabe's Zanu-PF party. Police said the killing, by three people, did not appear to be political.

In his ruling, High Court Judge Tendai Uchena found in favour of the Zimbabwe Electoral Commission (ZEC), saying it had shown the reason for the results delay was legally valid: "It can therefore justify the delay... I dismiss the case with costs."

The MDC says Robert Mugabe's 28-year rule is over after its leader, Morgan Tsvangirai, defeated Mr Mugabe in the vote. It took the ZEC to court to try to force it to announce the result. The commission says it is still counting and verifying votes.

The opposition says the veteran leader is holding back the announcement to give him time to organise a violent response to his biggest electoral setback, when Zanu-PF lost control of Parliament in a second vote on March 29.

MDC Vice President Thokozani Khupe said yesterday: "We are sad to inform you that we have lost one of our members... who passed away on Saturday after being stabbed by Zanu-PF supporters at his homestead."

She said the attack occurred in a northwestern rural area. At least 20 other MDC supporters had been admitted to hospital in Harare after Zanu-PF attacks, Ms Khupe added.

Zimbabwe's economy is in ruins, with the world's worst rate of hyper-inflation, but the High Court judgment appeared to delay even further the announcement of a presidential result.

Critics blame Mr Mugabe for the economic crisis and say the country's misery will only end when he is replaced.

MDC spokesman Nelson Chamisa said: "Naturally we are very disappointed because I think we have a very strong case. We are going to decide the way forward after meeting our lawyers, but in our view the release of those results is very, very urgent."

MDC lawyers said they would decide whether to appeal after studying the High Court judgment. The opposition has called an indefinite general strike for today to protest against the delay. Police condemned the strike call yesterday, saying in a statement the MDC was "agitating for violence".

Southern African leaders said after a summit in Lusaka at the weekend that the election result should be released "expeditiously".

Further delays are expected because of legal manoeuvres and a recount of 23 constituencies ordered by the ZEC for next Saturday. The MDC is challenging that decision in court.

Zanu-PF says neither Mr Tsvangirai nor Mr Mugabe won an absolute majority in the presidential vote, making a run-off necessary. The delays have stoked tension and brought a chorus of Western condemnation.

Both MDC and international human rights organisations say Mr Mugabe has unleashed militias in a campaign of violence to intimidate opposition supporters ahead of a runoff.

The MDC says hundreds of villagers have been forced out of their homes by militia attacks. A quarter of Zimbabwe's population has fled to escape inflation of more than 100,000 per cent, chronic shortages of food and fuel and 80 per cent unemployment.

The ZEC's recounts could overturn the MDC's victory in the parliamentary vote, Mr Mugabe's first defeat since taking power after independence from Britain in 1980.

MDC lawyer Selby Hwacha accused the ZEC of calling the recount to help Zanu-PF rig the poll.

The summit of SADC (Southern African Development Community) in Lusaka at the weekend urged Mr Mugabe to ensure any run-off would be held "in a secure environment".

The former guerilla commander did not attend.