In a statement, Bamu said he informed the judge that he had no instructions to argue the matter on behalf of the respondents and the judge proceeded to issue a default order, with no lawyers present for CCC. Said Bamu:

I was dragged from bed at 22.10hrs back to the office to join an online session of a court that I had no idea about.

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The court officials insisted it was just a case management meeting. When I got there I was ambushed into the actual hearing of the matter on the merits. I told them I was a complete alien to the proceedings.

I had no mandate from the candidates and I didn’t know if they were aware of the night (in) justice.

I told them I had not participated in any of the prior proceedings and had not read any of the papers to enable me to fully appreciate the matter at hand and apply my mind to it.

I asked for time to obtain a mandate and instructions.

I asked for time to read through the papers and understand them. I pointed out that where good cause exists poll opening can be delayed by the constituency elections officer.

I told them that common decency, logic, professionalism, etiquette and integrity of process would require that the matter be postponed for the reasons I had cited.

The Judge proceeded with the hearing. He said he appreciated the issues I had raised but was nonetheless going to grant the order and I was free to leave the hearing or listen to him pronounce his decision.

I have never seen the likes of this. A choreographed script that I was required to sanitize. I refused to sanitize it. They nonetheless proceeded.

Meanwhile, the Zimbabwe Electoral Commission (ZEC) said that all centres with by-elections opened on time at 7 AM and voters were already queuing to cast votes.

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