The results of Zimbabwe's June parliamentary elections are still being hotly contested with the news yesterday that the Supreme Court nullified 6,000 postal votes and a recount of votes taking place in a key constituency.
The court ruling that the postal votes are invalid bolsters the legal challenges mounted by the opposition Movement for Democratic Change (MDC) against the narrow victory of President Robert Mugabe's ruling ZANU-PF party.
Mr Mugabe's party won 62 of the 120 seats in the election, after a brutal campaign in which the ruling party took violence and intimidation to every corner of the country. More than 32 MDC supporters were killed by Mr Mugabe's supporters. Mr Mugabe's party retained a parliamentary majority, despite the fact that the opposition parties polled slightly more votes overall.
The Supreme Court ruled that the 6,000 postal ballots must be discounted as they were not properly issued. They were issued to Zimbabwean army troops fighting in the Democratic Republic of Congo. The votes were used in several constituencies where ZANU-PF candidates won by wafer-thin margins.
MDC members hailed the court decision, saying it may help overturn ZANU-PF victories in a few constituencies. The Supreme Court's judgment supports the opposition party's overall legal arguments that the administration of the elections was thoroughly partisan and illegal.
The MDC is challenging the results of 37 constituencies where Mr Mugabe's party won, making a variety of charges including the use of state-sponsored violence; threats issued by candidates; and illegal procedures during the voting and counting.
"The Supreme Court ruling may make a material difference in about two or three constituencies and it will also add weight to our argument that the election process was a shambles," said Mr David Coltart, a new MDC member of parliament. Mr Coltart, a human rights lawyer, is leading the party's legal challenges.
Yesterday the government was forced to conduct a re-count of the Buhera North constituency, which was lost by the MDC President, Mr Morgan Tsvangirai, by about 2,000 votes. By the end of the day, the counting was not finished and officials said it would continue today.
In several constituencies the ZANU-PF candidates won by less than 20 votes. A few ZANUPF candidates made widely witnessed public threats of violence to opposition members. Lawyers say such threats and incitement to violence, if proved in court, are sufficient to disqualify the candidates to hold public office for five years.
The MDC's assertive actions to question the election results could result in elections being held again in several constituencies. The MDC is also spearheading calls for a restoration of the rule of law in the country.
Zimbabwe remains in an uneasy state nearly two months after the elections. Mr Mugabe has deployed army troops to patrol the towns where his party lost to the MDC by huge margins.