Poll Date Case Urgent, Says Zimbabwe Government

Zimbabwean President Robert Mugabe along with First Lady Grace. She made a powerful and defiant speech calling for the continuation of ZANU-PF rule in this southern African nation., a photo by Pan-African News Wire File Photos on Flickr.

Poll date case urgent, says Govt

Thursday, 20 June 2013 02:23
Daniel Nemukuyu Senior Court Reporter
Zimbabwe Herald

GOVERNMENT yesterday filed an urgent chamber application to have the constitutional case it filed on Tuesday for the extension of the election date beyond July 31 heard on an urgent basis and the Constitutional Court will today hear arguments on the fresh application.

Justice and Legal Affairs Minister Patrick Chinamasa — through Government lawyer Mr Fred Gijima of FG Gijima and Associates — yesterday filed the urgent chamber application seeking the order allowing the matter to be treated urgently.

President Mugabe, in compliance with a court order of May 31, proclaimed July 31 as the date for the harmonised elections, but Sadc urged Government to approach the same court seeking an extension of the dates to August 14 to accommodate any agreed reforms.

Sadc urged Government to seek the extension of the election date, saying whatever outcome should bind all parties going into the elections.

In an affidavit supporting the application, Minister Chinamasa stated that the matter was urgent and should be immediately dealt with to ensure clarity as July 31 was fast approaching.

“The normal time periods for hearing such a court application could result in the matter failing to be heard before either July 31 2013 or August 14 2013,” reads part of the affidavit.

“Further, this honourable court will be on vacation during the month of August.

“It will be in the interest of all the parties, and certainly for the sake of clarity and certainty, to have this Honourable Court sit on an urgent basis to entertain this matter.

“If the matter is not heard on an urgent basis, the request made in the main application may be overtaken by events and this would not be to the benefit of the parties. In particular, it is clearly in the interest of the nation that the election is held in an environment of legal clarity, free from unnecessary legal contestation.”

The Sadc summit — that convened in Maputo, Mozambique, last Saturday — urged the inclusive Government to approach the court to ask for time beyond July 31.

Minister Chinamasa, in the main application, emphasised that President Mugabe had much respect for the Constitutional Court of Zimbabwe’s judgment and had already complied with it by fixing the election date on July 31.

He said pressure from MDC formations and other political parties in Zimbabwe culminated in Sadc urging Government to seek an extension of the poll date.
Mr Jealousy Mawarire of the Centre for Elections and Democracy (who obtained the order for the July 31 deadline), Prime Minister Morgan Tsvangirai, Deputy Prime Minister Arthur Mutambara, MDC leader Professor Welshman Ncube and the Attorney-General were cited as respondents in the application.

Minister Chinamasa said he was specifically directed by the Sadc summit to make an urgent application for the extension of the election date.

In compliance with the court order, he said, President Mugabe invoked the Presidential Powers (Temporary Measures Amendment of Electoral Act) Regulations 2013, which align the Electoral Act with the new Constitution and the regulations were published in the Gazette on the 12th of June.

President Mugabe fixed July 31 as the elections date, with the Nomination Court sitting on June 28 in a proclamation issued on June 13 in terms of Statutory Instrument 86/2013.

Minister Chinamasa said PM Tsvangirai and Prof Ncube had some misgivings about the order of the Constitutional Court and lobbied Sadc, inviting the regional body to intervene and set aside the court order.

Meanwhile, Chief Justice Godfrey Chidyausiku is today expected to hear an urgent chamber application to have another constitutional application by the Zimbabwe Development Party seeking an order for Government to fund its election campaign.

ZDP leader Mr Kisinoti Mukwazhi said his party required up to US$1,5 million to prepare for the general election.