Build Zimbabwe Alliance presidential candidate Dr Noah Manyika has responded to Nelson Chamisa’s presidential election results court challenge.
In his affidavit, Dr Manyika supports Chamisa’s petition and says they have also uncovered irregularities in the results announced by the Zimbabwe Electoral Commission (ZEC). Among some of the things uncovered by Dr Manyika and his team are:
- Difference between announced results and published results.
- Double counting of polling stations
- Polling stations with identical results
- Ghost polling stations
- More votes than registered voters at polling stations
- More votes in the Pres Election than the Parliamentary Election
- ZEC results do not tally
Below is part Dr Manyika’s affidavit listing the discrepancies in the results announced and published by ZEC:
Discrepancy one: Difference between announced results and published results
27 The official results announced by the ZEC on 3 August 2018 differ markedly from the result that were subsequently published by the ZEC. The ZEC has offered no public explanation for this discrepancy.
28 The ZEC’s published results show that Mr Mnangagwa had 4,904 votes less than the
announced results. In addition, the ZEC’s published results also reflected a higher number of votes cast, which further reduced Mr Mnangagwa’s percentage of the vote.
The differences in Mr Mnangagwa’s results are reflected in the following table:
29 According to the ZEC’s published results, Mr Mnangagwa avoided a run-off by a mere 31,830 votes.
Discrepancy two: Double-counting of polling stations
30 An analysis of the ZEC’s published results demonstrates that several polling stations were double-counted in computing the results. The expert affidavit prepared by Dr Otumba Ouko provides several examples of double-counting of polling stations in the Rushinga and Mbire constituencies.
2 As a result of the double-counting, Mr Mnangagwa secured an additional 7,703 votes.
31 No doubt a deeper analysis of the ZEC’s calculations will reveal further examples of double-counting. However, the ZEC has now “password protected” the Excel spreadsheet containing the election results, which means that it is no longer possible to scrutinise the underlying calculations.
Discrepancy three: Polling stations with identical results
32 The ZEC’s published results show duplicated results for at least 28 pairs of polling stations (56 polling stations in total).
33 Of these polling stations, 8 pairs of polling stations (16 stations in total) registered virtually identical results across all 23 candidates in the presidential elections, including the identical number of total votes and spoilt ballots.
34 The applicant’s expert, Dr Ouko, confirms that this type of duplication of voting results is statistically “near-to-impossible” and provides clear evidence of “tampering” by the ZEC to achieve the desired result.
35 On my calculations, the polling stations with identical results accounted for at least 16,199 votes, which gave Mr Mnanagwa an additional 9,592 votes. I submit that these votes, which are a product of double-counting, must be disregarded and excluded from the votes obtained by Mr Mnangagwa.
36 The applicant has attached a list of these duplicate polling stations as Annexure G, however the spreadsheet appears to be missing some of the relevant data points. As a result, I have caused to be prepared a new spreadsheet, using the data taken directly from the ZEC’s published results.
Discrepancy four: “Ghost” polling stations
37 As the applicant’s affidavit also makes clear, there is evidence of “ghost polling stations” – polling stations that did not appear on any published list of polling stations before the election.
38 Two examples of these ghost polling stations appear as to the founding affidavit’, These two polling stations alone accounted for a further 5,396 in favour of Mr Mnangagwa. These votes must also be disregarded. The votes cast here should be excluded from the total of the votes allocated to Mr Mnangagwa.
Discrepancy five: More votes than registered voters at polling stations
39 Section 20 of the Act requires the ZEC to keep and maintain a voters’ roll for each polling station “containing the names of all registered voters who may vote in that area.” Under section 56 of the Act, a voter “shall not be entitled to vote otherwi. than at a polling station located in a ward for which he or she is registered as a voter on the ward’s voters roll.”
40 Taken together, these statutory provisions mean that the number of votes cast at a polling station cannot exceed the number of voters registered to vote at that station. In other words, there cannot be more votes than registered voters.
41 That is exactly what the ZEC’s own data shows: for more than 100 polling stations there were more votes cast than there were voters registered at tho. polling stations. This application includes a table with each of these polling stations.5 Some of the more glaring examples include:
41.1 The Dalny 1 Primary School polling station in the Chakari constituency: only 667 voters registered to vote, but 2800 votes were cast (meaning that there were 2133 more votes than registered voters).
41.2 The Copley Primary School polling station in the Mazowe West constituency: only 661 voters registered to vote, but 1875 votes were cast (meaning that there were 1214 more votes than registered voters).
41.3 The Chinhoyi Primary School polling station in the Chinhoyi constituency: only 190 voters registered to vote, but 1366 votes were cast (meaning that there were 1176 more votes than registered voters).
41.4 The St Bernards Nyatsambo Primary School polling station in the Mhondoro-Ngezi constituency: only 766 voters registered to vote, but 1855 votes were cast (meaning that there were 1089 more votes than registered voters).
42 There are many more.6 In total, the number of excess votes from all of these polling stations—that is, the total number of votes that exceeded the total number of voters registered at these polling stations—is 31 204 votes.
43 Plus, there are polling stations where the ZEC claims voter turnout of more than 90%.
That is far-fetched and entirely departs from historic trends.,
44 There are no legitimate reasons for these discrepancies. They are the result of illegal interference in the polling data to reverse-engineer an unfair and undemocratic election result.
Discrepancy six: More votes in the Presidential elections than in the Parliamentary elections
45 At each polling station, each voter was given three ballot forms: one for the presidential elections, and two for the parliamentary elections (one for the Senate, and one for the House of Assembly). Each ballot form had to be placed in its corresponding ballot box. Voters had to place each form in its corresponding ballot box, even if the forms were unmarked or spoiled.
46 Because each voter was given three forms, and because each voter had to place each form in its corresponding ballot box, the number of votes cast for the presidential election should equal the number of votes cast for the parliament, election (that is, the number of votes cast for the presidential election should be the same as the number of votes cast for the Senate election, which should also be the same as the number of votes cast for the House of Assembly election).
47 For many polling stations, based on the ZEC’s own results, the number of votes cast for the presidential election exceeded the number of votes cast for each parliamentary election.,
48 Expert evidence concludes that “the total number of the National Assembly votes was 4,734,161 against a total of 4,774,878 for the Presidential election.”, Expert evidence concludes that there were, inexplicably, more than 40 717 more votes in the presidential election than the parliamentary election..
49 Them see legitimate reason for this discrepancy. It is the result of illegal interference in the polling data to reverse-engineer an unfair and undemocratic election result.
Discrepancy seven: The ZEC’s results do not tally
50 There are further discrepancies between the data published on the ZEC’s website and the official election results declared by the ZEC. That is, even on the ZEC’s own voter data, the official results are unsupported by the voting numbers.
51 The number of total registered voters given by the ZEC was 5,659,583. The ZEC announced a voter turnout of 72%. Based on this figures, the total number of votes case should have been 4,032,000. However, the ZEC announced a figure of 4,775,640—a difference of over 700,000 votes..