News / National
By-election judgement reserved
04 Apr 2013 at 18:27hrs | Views
Judge President Justice George Chiweshe has reserved judgement in the case in which President Mugabe was seeking the extension of the 31st of March by-election deadline for three constituencies.
Justice Chiweshe however indicated that the ruling may be ready tomorrow (Friday).
The respondents, led by Advocate Thabani Mpofu, said the application must be dismissed, arguing that the President must comply with the court order which had set 31 March as the deadline for the by-elections.
Advocate Mpofu argued that the applicant must instead wait for contempt of court proceedings to be instituted by the three former legislators.
He said the court must also consider the law and not any other issues such as economic factors or feasibility of holding the by-elections.
Advocate Mpofu further stated that the Cconstitution of Zimbabwe provides that the life-span of a parliament can be extended by a year if need arises saying the by-elections must be held before the harmonised elections.
However, the President represented by the Deputy Attorney General, Advocate Prince Machaya reminded the court to consider that the constitutional provision which allows for the extension of the life span of the legislature by one year can only be applicable if the country is at war or if there is a declaration of emergency.
Advocate Machaya said the fact that Zimbabwe is not at war means that the constitutional provision falls out and the elections will be held in accordance with the law.
He said the court must not deal with speculation that the country will be at war or that there will be a declaration of emergency in order to extend the life-span of parliament by another year.
Advocate Machaya said he was not going to respond to some of the submissions by his learned colleague which he said were irrelevant to the court proceedings.
Meanwhile, Prime Minister Morgan Tsvangirai through his legal counsel, Mr Chris Mhike has officially withdrawn his application for joinder.
The Prime Minister had made an application for joinder in these proceedings, saying he has to be consulted.
However, the court said the matter of by-elections is not of the Prime Minister's concern.
Justice Chiweshe however indicated that the ruling may be ready tomorrow (Friday).
The respondents, led by Advocate Thabani Mpofu, said the application must be dismissed, arguing that the President must comply with the court order which had set 31 March as the deadline for the by-elections.
Advocate Mpofu argued that the applicant must instead wait for contempt of court proceedings to be instituted by the three former legislators.
He said the court must also consider the law and not any other issues such as economic factors or feasibility of holding the by-elections.
Advocate Mpofu further stated that the Cconstitution of Zimbabwe provides that the life-span of a parliament can be extended by a year if need arises saying the by-elections must be held before the harmonised elections.
However, the President represented by the Deputy Attorney General, Advocate Prince Machaya reminded the court to consider that the constitutional provision which allows for the extension of the life span of the legislature by one year can only be applicable if the country is at war or if there is a declaration of emergency.
Advocate Machaya said the fact that Zimbabwe is not at war means that the constitutional provision falls out and the elections will be held in accordance with the law.
He said the court must not deal with speculation that the country will be at war or that there will be a declaration of emergency in order to extend the life-span of parliament by another year.
Advocate Machaya said he was not going to respond to some of the submissions by his learned colleague which he said were irrelevant to the court proceedings.
Meanwhile, Prime Minister Morgan Tsvangirai through his legal counsel, Mr Chris Mhike has officially withdrawn his application for joinder.
The Prime Minister had made an application for joinder in these proceedings, saying he has to be consulted.
However, the court said the matter of by-elections is not of the Prime Minister's concern.
Source - zbc
