M. Continuo

Zimbabwe court rejects bid to release poll result

By Cris Chinaka

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 Changesaid one of its supporters had been stabbed to death by membersof President Robert Mugabe's ZANU-PF party. Police said thekilling, by three people, did not appear to be political.

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

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 on Monday: "We aresad to inform you that we have lost one of our members ... whopassed away on Saturday after being stabbed by ZANU-PFsupporters at his homestead."

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

Zimbabwe's economy is in ruins, with the world's worst rateof hyper-inflation, but the High Court judgement appeared todelay even further the announcement of a presidential result.

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

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."

GENERAL STRIKE

MDC lawyers said they would decide whether to appeal afterstudying the High Court judgement. The opposition has called anindefinite general strike for Tuesday to protest against thedelay. Police condemned the strike call on Monday, saying in astatement the MDC was "agitating for violence".

Southern African leaders said after a summit in Lusaka atthe weekend that 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.

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 escapeinflation of more than 100,000 percent, chronic shortages offood 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 CarolineDrees)

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