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Mugabe wins at court

by Court Reporter
31 Aug 2012 at 06:19hrs | Views
PRESIDENT Mugabe yesterday had his application to extend the deadline to proclaim dates for disputed by-elections by a month granted.

He has up to October 1 to announce dates for the by-elections.

Judge President George Chiweshe granted the application that was brought under a certificate of urgency with the consent of both parties' lawyers.

The President had sought the extension of the deadline at the High Court following a Supreme Court order giv­ing him up to yesterday to publish a notice ordering by-elections to fill three parliamentary posts in Nkayi South, Bulilima East and Lupane East constituencies.

Advocate Ray Goba, who represented Mugabe, yesterday confirmed that the deadline has been extended to October 1.

"It was a very simple consent order. It was agreed that the deadline be extended to October 1."

He said he had met with Ms Beatrice Mtetwa who is acting for former legislators Abednico Bhebhe (Nkayi South), Njabuliso Mguni (Bulilima) and Norman Mpofu (Lupane East) at the AG's Office and drafted the consent order.

Ms Mtetwa confirmed the latest development, saying both parties had no problems with the President's request.

"We consented to the relief sought by the President that the deadline be extended by one month," said Ms Mtetwa.

Justice and Legal Affairs Minister Patrick Chinamasa had filed the application on behalf of the President.

In the application, he submitted that President Mugabe wanted an exten­sion of one month to give him more time to comply with the Supreme Court ruling.

He argued that apart from the three vacant seats, there are in total 28 parliamentary vacant seats and 164 local authority vacant seats.

The Minister argued that conducting the by-elections in 28  parliamentary constituencies as well as in 164 local authorities was tantamount to a mini-general election where huge financial resources are required.

He said if the application was granted it would enable Government to mobilise more financial resources as the vacant seats were spread across the country, making them more cost-ly.

Minister Chinamasa said there was no province or administrative district which was spared from the by-elec­tion one way or the other, either at local or parliamentary level.

He said there were 16 House of Assembly seats, 10 Senatorial seats and two chiefs' seats adding that it would be as expensive as holding general elections.

Bhebe, Mguni and Mpofu were expelled from the MDC and were sub­sequently relieved of their parliamentary positions.

The three former legislators instituted court action after declaring their interest in contesting for the con­stituencies as independent candidates.

Justice Nicholas Ndou last October directed President Mugabe to ensure the by-elections for the three constituencies were held despite the financial challenges Government is facing.

The judgment was upheld by the Supreme Court on July 12.

Source - TC
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