Prof Madhuku loses election challenge

JUDGE President Justice George Chiweshe has dismissed a National Constitutional Assembly application to defer the referendum from March 16 on the basis that the President's powers to set the date were unjustified.

NCA and its leader Professor Lovemore Madhuku contested the decision by President Mugabe to set the referendum date at March 16.

They argued that it was too soon to hold the referendum and it denied citizens time to study and appreciate the draft Constitution.

Prof Madhuku and his organisation argued that the President acted arbitrarily, irrationally and grossly unreasonably.

But, Justice Chiweshe ruled that the President had wide and unfettered discretion in setting the referendum date and that no court of law had authority to review or scrutinise his decision in that respect.

"I am convinced that the powers given to the first respondent (President) by Section 3 of the Referendums Act, being wide, discretionary and unfettered, fall into the category of those powers envisaged under Section 31 k (1) of the Constitution of Zimbabwe.

"The first respondent is required or permitted to act on his own deliberate judgment.

"That being the case, I conclude that the conduct of the first respondent, in setting the date of the referendum and the time within which voters may cast their vote, is not subject to review by a court," ruled Justice Chiweshe.

Section 31 k (1) of the Constitution reads:
"Where the President is required or permitted by this Constitution or any other law to act on his own deliberate judgment, a court shall not, in any case inquire into any of the following questions or matters:
a) whether any advice or recommendation was tendered to the President or acted on by him or
b) whether any consultation took place in connection with the performance of the act or
c) the nature of any advice or recommendation tendered to the President; or
d) the manner in which the President has exercised his discretion."
The referendum date was announced on February 15 through Proclamation Number 1 of 2013.

The judgment by Justice Chiweshe removed the obstacles to the referendum. The referendum date was set after principals in the Global Political Agreement approved the draft Constitution.

Meanwhile, VP Mujuru has described the draft as victory for women in Zimbabwe.

She said the draft was a first gender-sensitive Constitution the country has ever had.

In a speech read on her behalf at a meeting to strategise for the referendum in Harare yesterday, VP Mujuru said the new Constitution promoted gender equality and it was for women.

"This indeed is a victory for the women of Zimbabwe and a reward of all your lobbying as it is said a journey of a thousand miles begins with one step. We fought for this, indeed it is the first step towards your emancipation," she said.

VP Mujuru urged women leaders across all sectors to continue working together regardless of their political affiliations towards gender equality.

She said some of the positive gender provisions in the Constitution include the inclusion of socio-economic rights, barring of any customs, tradition, laws and practices that stop women's full enjoyment of their rights, setting up of a gender commission and protection from all forms of violence.

The new Constitution, VP Mujuru said, emphasis on promoting women's participation in political circles and decision-making.

She said 60 seats had been reserved for women in the House of Assembly and would be occupied through proportional representation

"We must work to make the rights in the new Constitution real for women of Zimbabwe," she said.

VP Mujuru said to make sure that the provisions of the Constitution are implemented, an audit of the existing legislation should be carried out to align it with the new constitution.

She said the new laws should be enacted to support constitutional provisions.

VP Mujuru said adequate resources should be allocated to institutions established through the new constitution for example the Zimbabwe Gender Commission and constitutional literacy throughout Zimbabwe should be increased.

"I want to urge all the women of Zimbabwe not to throw away what we have toyed for, let us continue to be united for a common goal. You waited for so long for this opportunity so go and vote yes for a draft constitution that you worked hard for," she said.

Women Affairs, Gender and Community Development Minister Olivia Muchena said women should take advantage of the new Constitution because it opened opportunities to close gender gaps existing in the old constitution.

"We are anticipating a resounding yes vote. We are going to place Zimbabwe at a much higher level in terms of meeting our commitments such as the Millennium Development Goals and other commitments," she said.