News / National
Mugabe losses by-election case at Supreme Court
13 Jul 2012 at 05:25hrs | Views
PRESIDENT Robert Mugabe's appeal against a decision by the High Court in Bulawayo directing him to set the election date for by-elections in three vacant House of Assembly constituencies in Matabeleland was yesterday dismissed by the Supreme Court.
In an order handed down yesterday, Chief Justice Godfrey Chidyausiku gave the Head of State and Government and Commander-in-Chief of the Zimbabwe Defence Forces up to 30 August this year, to publish a notice ordering the by-election to fill in the three parliamentary posts in Nkayi South, Bulilima East and Lupane East constituencies.
Justices Vernanda Ziyambi, Paddington Garwe, Anne-Mary Gowora and Yunus Omerjee concurred with the decision.
The posts became vacant after three MDC legislators Abednico Bhebhe, (Nkayi South) Njabulo Mguni (Bulilima East) and Norman Mpofu (Lupane East), were expelled from the party and subsequently relieved of their parliamentary positions.
The three former legislators instituted the court action after declaring their interest to contest in the constituencies as independent candidates.
The Supreme Court's full bench upheld the High Court's decision and made some alteration to the order.
"It is ordered that the appeal is dismissed with costs. The order of the lower court is altered to read as follows:
"The application is granted. The respondent (President of the Republic of Zimbabwe) is hereby ordered to publish in the Gazette a notice ordering new elections to fill the vacancies as soon as possible, but by no later than 30 August 2012.
"There will be no order as to costs," read the operative party of the Supreme Court ruling.
Justice Nicholas Ndou in October last year, directed the President to ensure the by-elections for the three vacant posts in Nkayi South, Bulilima East and Lupane East are held despite the financial challenges Government is facing.
The President, through Justice and Legal Affairs Minister Patrick Chinamasa, submitted in the High Court proceedings that there were more than three constituencies awaiting by-elections.
This, he argued, required $38 million.
In an order handed down yesterday, Chief Justice Godfrey Chidyausiku gave the Head of State and Government and Commander-in-Chief of the Zimbabwe Defence Forces up to 30 August this year, to publish a notice ordering the by-election to fill in the three parliamentary posts in Nkayi South, Bulilima East and Lupane East constituencies.
Justices Vernanda Ziyambi, Paddington Garwe, Anne-Mary Gowora and Yunus Omerjee concurred with the decision.
The posts became vacant after three MDC legislators Abednico Bhebhe, (Nkayi South) Njabulo Mguni (Bulilima East) and Norman Mpofu (Lupane East), were expelled from the party and subsequently relieved of their parliamentary positions.
The three former legislators instituted the court action after declaring their interest to contest in the constituencies as independent candidates.
The Supreme Court's full bench upheld the High Court's decision and made some alteration to the order.
"It is ordered that the appeal is dismissed with costs. The order of the lower court is altered to read as follows:
"The application is granted. The respondent (President of the Republic of Zimbabwe) is hereby ordered to publish in the Gazette a notice ordering new elections to fill the vacancies as soon as possible, but by no later than 30 August 2012.
"There will be no order as to costs," read the operative party of the Supreme Court ruling.
Justice Nicholas Ndou in October last year, directed the President to ensure the by-elections for the three vacant posts in Nkayi South, Bulilima East and Lupane East are held despite the financial challenges Government is facing.
The President, through Justice and Legal Affairs Minister Patrick Chinamasa, submitted in the High Court proceedings that there were more than three constituencies awaiting by-elections.
This, he argued, required $38 million.
Source - TC
