News / National
Madhuku loses referendum challenge again
14 Mar 2013 at 04:48hrs | Views
The Constitutional referendum will now proceed as scheduled after the Supreme Court yesterday threw out National Constitutional Assembly and its chairman Professor Lovemore Madhuku's bid to stop the plebiscite.
Prof Madhuku had gone to the superior court appealing against a High Court decision barring them from contesting President Mugabe's proclamation of the Constitutional referendum date on March 16.
The court, however, noted that the lower court made a wrong finding that President Mugabe's decision could not be challenged in a court of law.
Last night, Prof Madhuku confirmed the latest development saying although they lost on the main case they scored a victory on whether President Mugabe's decision was reviewable.
"We went on appeal to Supreme Court to challenge the lower court's decision after it had ruled that President Mugabe's decision cannot be reviewed," said Prof Madhuku.
"The Supreme Court said Justice Chiweshe was wrong on that point and the court allowed the appeal on that point."
After making its ruling on the appeal, Prof Madhuku said, the Supreme Court proceeded to decide the matter on the merits before it was dismissed for lack of merit.
"The Court ruled that the time given by the President for the referendum was not unreasonable under the circumstances," said Prof Madhuku.
Early this month the NCA had its application to review President Mugabe's decision to set dates for the referendum thrown out by the High Court.
Justice Chiweshe dismissed the NCA application on the grounds that the Head of State and Government and Commander-in Chief of the Zimbabwe Defence Forces' discretion in setting such dates could not be judicially scrutinised.
After the Supreme Court ruling yesterday, the NCA launched a fresh application at the High Court seeking to stop the referendum arguing that Zimbabwe Electoral Commission was improperly constituted.
Prof Madhuku said the incumbent acting chairperson Mrs Joyce Kazembe could not run an election.
"We are saying the referendum must be stayed until they get a proper person to chair the election body," said Prof Madhuku.
Meanwhile, a united front of individuals and organisations lead by Progressive Teachers Union of Zimbabwe secretary general Ray Majongwe and International Socialist Organisation president Mr Munyaradzi Gwisai who are campaigning for vote 'NO' yesterday launched a constitutional application at the Supreme Court seeking to stop the referendum until their political rights are addressed.
They are arguing that the principles of free and fair election that provide for equal universal suffrage were violated after they were denied media space on ZBC and other public media.
They also argue that COPAC used millions of tax payers money and donor funds to support those who are campaigning for vote "YES" denying those campaigning for vote 'NO" access to resources that should be distributed equally. President Mugabe, Zec chairperson, Speaker of Parliament Mr Lovemore Moyo, Cde Munyaradzi Mangwana, Mr Douglas Mwonzora, Mr Edward Mkhosi, the Zimbabwe Broadcasting Corporation and Attorney General Mr Johannes Tomana are cited as respondents.
Prof Madhuku had gone to the superior court appealing against a High Court decision barring them from contesting President Mugabe's proclamation of the Constitutional referendum date on March 16.
The court, however, noted that the lower court made a wrong finding that President Mugabe's decision could not be challenged in a court of law.
Last night, Prof Madhuku confirmed the latest development saying although they lost on the main case they scored a victory on whether President Mugabe's decision was reviewable.
"We went on appeal to Supreme Court to challenge the lower court's decision after it had ruled that President Mugabe's decision cannot be reviewed," said Prof Madhuku.
"The Supreme Court said Justice Chiweshe was wrong on that point and the court allowed the appeal on that point."
After making its ruling on the appeal, Prof Madhuku said, the Supreme Court proceeded to decide the matter on the merits before it was dismissed for lack of merit.
"The Court ruled that the time given by the President for the referendum was not unreasonable under the circumstances," said Prof Madhuku.
Justice Chiweshe dismissed the NCA application on the grounds that the Head of State and Government and Commander-in Chief of the Zimbabwe Defence Forces' discretion in setting such dates could not be judicially scrutinised.
After the Supreme Court ruling yesterday, the NCA launched a fresh application at the High Court seeking to stop the referendum arguing that Zimbabwe Electoral Commission was improperly constituted.
Prof Madhuku said the incumbent acting chairperson Mrs Joyce Kazembe could not run an election.
"We are saying the referendum must be stayed until they get a proper person to chair the election body," said Prof Madhuku.
Meanwhile, a united front of individuals and organisations lead by Progressive Teachers Union of Zimbabwe secretary general Ray Majongwe and International Socialist Organisation president Mr Munyaradzi Gwisai who are campaigning for vote 'NO' yesterday launched a constitutional application at the Supreme Court seeking to stop the referendum until their political rights are addressed.
They are arguing that the principles of free and fair election that provide for equal universal suffrage were violated after they were denied media space on ZBC and other public media.
They also argue that COPAC used millions of tax payers money and donor funds to support those who are campaigning for vote "YES" denying those campaigning for vote 'NO" access to resources that should be distributed equally. President Mugabe, Zec chairperson, Speaker of Parliament Mr Lovemore Moyo, Cde Munyaradzi Mangwana, Mr Douglas Mwonzora, Mr Edward Mkhosi, the Zimbabwe Broadcasting Corporation and Attorney General Mr Johannes Tomana are cited as respondents.
Source - TH
