Advocate Thabani Mpofu has come out saying the judgement given by Justice Luke Malaba in the 2018 election constitutional court ruling can be reversed after studying Jonathan Moyo’s ‘Exelgate’.
On Sunday, Mpofu said, “We have now completed our sober and painstakingly study of Excelgate. In embarking on the study we allowed ourselves to be guided by the remarks of Malaba in City of Mutare vs Mawoyo where he said the general rule is that once a judgment has been given, the judge who gave it has no power to alter, rescind, vary or set aside except in a few instances recognized at common law or by the rules of the High Court.
“One of the exceptions at Common Law is when the judgment or order has been obtained through fraudulent means.”
Commenting on the opinion Professor Jonathan Moyo said,
“Adv Thabani Mpofu says because ZEC used fraudulent misrepresentation to obtain the ConCourt judgment in Chamisa’s challenge to ZEC’s declaration of Emmerson Mnangagwa as the winner of the 2018 presidential election, that result can by law be and should be set aside!”