'I Won't Rule by Decree,' Say President Mugabe of Zimbabwe

President Robert Mugabe of Zimbabwe With His Family, a photo by panafnewswire on Flickr.

I won’t rule by decree: President

Wednesday, 22 May 2013 00:00
Zimbabwe Herald

Daniel Nemukuyu Senior Court Reporter
PRESIDENT Mugabe has said that he does not want to rule by decree after the tenure of

Parliament expires on June 29 and the only way out is to have harmonised elections before the date to avoid a constitutional crisis.

Responding to a Supreme Court application by a Harare man, Mr Jealousy Mawarire, for an order compelling him to proclaim an election date by June 29, the President said the constitutional void to be created by the automatic expiry of the life of Parliament would be untenable.

The President responded to Mr Mawarire’s application through an affidavit deposed on his behalf by Justice and Legal Affairs Minister Patrick Chinamasa.

The affidavit was filed at the Supreme Court on Monday for the case that is set to be decided on Friday.

Mr Mawarire cited President Mugabe together with Prime Minister Morgan Tsvangirai, Deputy Prime Minister Arthur Mutambara, the Attorney-General’s Office and MDC leader Professor Welshman Ncube as respondents.

The other respondents were yet to make their submissions.

“First respondent understands that he is under legal obligation in terms of the Constitution to issue a proclamation fixing a date for the harmonised elections, which date must fall before 29 June 2013,” said President Mugabe in the affidavit.

“First respondent is fully cognisant of the provisions of Section 63 (4) of the Constitution to the effect that Parliament shall stand dissolved on June 29 2013 by operation of law. This means that there will be no lawful legislative authority after that date, save the Office of President.

“First respondent is totally averse to running the country through Presidential decrees in the absence of a Parliament.

“The Constitutional void thereby created is untenable and will precipitate a Constitutional crisis and should be avoided.”

President Mugabe said he was committed to handling the matter of proclaiming the harmonised dates in terms of the Electoral Law and in accordance with the Constitution of Zimbabwe.

He said he would be guided by any order that the court might deem necessary or fit to make in the case.

President Mugabe said he had not in any way, shape or form displayed or done anything that has exhibited any inaction whatsoever with respect to the provisions of the Constitution on the subject.

PM Tsvangirai lost a bid to stop the Supreme Court from hearing the court application on an urgent basis last Friday.

This was after President Mugabe and Prof Ncube concurred with Mr Mawarire that the matter should be heard urgently.

Prof Mutambara did not attend the hearing and neither did he make any submissions on the determination of the urgency of the case.

President Mugabe will on Friday be represented by Mr Terrence Hussein of Hussein Ranchod and Company after the Attorney-General’s Office renounced urgency on representing him.

Mr Jealousy Mawarire, a member of the Centre for Election Democracy in Southern Africa, also wants the Supreme Court to declare that Parliament expires on June 29.

Mr Joseph Mandizha of Mandizha and Company are acting for Mr Mawarire.

He says that he is a registered voter in Zaka East constituency and that as a Zimbabwean citizen, he has a legal right to mount the application.