Zimbabwe court rejects bid to release poll result

HARARE (Reuters) - Zimbabwe's High Court on Monday rejectedan opposition bid to force authorities to release the result ofthe country's presidential election after a two-week delay thathas stoked fears of violence.

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

High Court Judge Tendai Uchena ruled in favour of theZimbabwe Electoral Commission (ZEC), saying it had shown thereason for the results delay was legally valid: "It cantherefore justify the delay ... I dismiss the case with costs."

The MDC says Mugabe's 28-year rule is over after itsleader, Morgan Tsvangirai, defeated Mugabe in the vote. It tookthe ZEC to court to try to force it to announce the result. Thecommission says it is still counting and verifying votes.

The opposition says the veteran leader is holding back theannouncement to give him time to organise a violent response tohis biggest electoral setback, when ZANU-PF lost control ofparliament in a second vote on March 29.

MDC Vice President Thokozani Khupe said the dead supporterhad been stabbed by ZANU-PF supporters at his homestead and haddied on Saturday. The attack occurred in a northwestern ruralarea. At least 20 other MDC supporters had been admitted tohospital in Harare after ZANU-PF attacks, Khupe added.

Zimbabwe's economy is in ruins, with the world's worst rateof inflation of more than 100,000 percent. Critics blame Mugabefor the economic crisis and say the country's misery will onlyend when he is replaced.

The High Court judgment appears to delay the poll result.

MDC spokesman Nelson Chamisa told Reuters: "Naturally weare very disappointed because I think we have a very strongcase. We are going to decide the way forward after meeting ourlawyers, but in our view the release of those results is very,very urgent." MDC lawyers said they would decide whether toappeal after studying the judgement.

GENERAL STRIKE

The opposition has called an indefinite general strike forTuesday to protest against the delay, prompting the police tosay in a statement the MDC was "agitating for violence".

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

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

The MDC also filed on Monday an application asking theelectoral court to set aside the results in about 60parliamentary seats won by Mugabe's ZANU-PF.

"All in all we have filed about 60 applications to theElectoral Court in respect of the house of assembly seats. Theapplications are to ensure that the declarations of the resultsbe set aside," MDC lawyer Charles Kwaramba told Reuters.

In its court challenge the MDC accuses ZANU-PF ofvote-buying, intimidating and interfering with presidingelection officers and other malpractices, Kwaramba said.

ZANU-PF says neither Tsvangirai nor Mugabe won an absolutemajority in the presidential vote, making a run-off necessary.

The delays have stoked tension and brought a chorus ofWestern condemnation.

Both MDC and international human rights organisations sayMugabe has unleashed militias in a campaign of violence tointimidate opposition supporters ahead of a runoff.

The MDC says hundreds of villagers have been forced out oftheir homes by militia attacks.

A quarter of Zimbabwe's population has fled to escapechronic shortages of food and fuel and 80 percent unemployment.

The ZEC's recounts could overturn the MDC's victory in theparliamentary vote, Mugabe's first defeat since taking powerafter independence from Britain in 1980.

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

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

The former guerrilla commander did not attend.

(Additional reporting by Muchena Zigomo, Nelson Banya,MacDonald Dzirutwe; Writing by Barry Moody; Editing by PaulSimao and Matthew Jones)