News / National
By-election ruling expected today
05 Apr 2013 at 04:13hrs | Views
JUDGE President George Chiweshe said he would today try to rule in the case in which President Mugabe is seeking an extension of the March 31 by-election deadline to June 29 this year.
The Judge President said this after reserving judgment in the case yesterday.
President Mugabe was last year ordered to set by-election dates for three constituencies-Nkayi South, Bulilima East and Lupane East by March 31 following an application by Abednico Bhebhe, Njabuliso Mguni and Norman Mpofu, all former MDC legislators for the constituencies in question.
Another party which had taken President Mugabe to court - the Zimbabwe National Youth Service Graduates' Association consented to the President's application.
The association's lawyer Mr Tendai Shomwe said their application had been superseded by events as the new constitution would address their concerns.
Prime Minister Morgan Tsvangirai's lawyer Mr Chris Mhike also formally withdrew the PM's application to be included as a respondent in the matter but said he would sit throughout the proceedings as a friend of the court.
Advocate Thabani Mpofu who is representing the legislators argued that President Mugabe wanted the court to adjudicate a matter which it had passed judgement on hence it was functus officio (the court could not hear a case in which it has already passed judgement on).
He argued that the President was required by law to abide by the order made and failure to do so was not a weapon of attack but a defence shield.
He said the law entitled his clients to participate in a by-election and the President does not allege that there were no funds for that purpose.
He also argued that it was not true that Parliament stands dissolved on June 29 as the constitution states that its lifespan could be extended in the event of a war or if the President declares a state of emergency.
In response Deputy Attorney General Prince Machaya said Adv Mpofu wanted the court to revisit what it had already ruled on (the issue of jurisdiction).
He said Zimbabwe was not at war neither did the President declare a state of emergency hence Adv Mpofu's submissions were speculative.
He insisted that the dissolution of Parliament would be held before June 29 as prescribed by the electoral laws.
Dep AG Machaya urged the court to grant the relief being sought by President Mugabe.
Mr Shomwe said their matter had not been taken to the Supreme Court hence the High Court had the jurisdiction to entertain it.
Soon after the parties closed their submissions Justice Chiweshe said he had reserved judgement but would make it available today.
President Mugabe made two chamber applications seeking an extension of the March 31 by-elections deadline to June 29 this year.
In the applications, President Mugabe argued that the idea of holding holding by-elections and a few months later hold harmonised elections did not make economic and/or practical sense.
The President sought to be excused from complying with the March 31 deadline provided harmonised elections would be held shortly.
The Judge President said this after reserving judgment in the case yesterday.
President Mugabe was last year ordered to set by-election dates for three constituencies-Nkayi South, Bulilima East and Lupane East by March 31 following an application by Abednico Bhebhe, Njabuliso Mguni and Norman Mpofu, all former MDC legislators for the constituencies in question.
Another party which had taken President Mugabe to court - the Zimbabwe National Youth Service Graduates' Association consented to the President's application.
The association's lawyer Mr Tendai Shomwe said their application had been superseded by events as the new constitution would address their concerns.
Prime Minister Morgan Tsvangirai's lawyer Mr Chris Mhike also formally withdrew the PM's application to be included as a respondent in the matter but said he would sit throughout the proceedings as a friend of the court.
Advocate Thabani Mpofu who is representing the legislators argued that President Mugabe wanted the court to adjudicate a matter which it had passed judgement on hence it was functus officio (the court could not hear a case in which it has already passed judgement on).
He argued that the President was required by law to abide by the order made and failure to do so was not a weapon of attack but a defence shield.
He said the law entitled his clients to participate in a by-election and the President does not allege that there were no funds for that purpose.
He also argued that it was not true that Parliament stands dissolved on June 29 as the constitution states that its lifespan could be extended in the event of a war or if the President declares a state of emergency.
In response Deputy Attorney General Prince Machaya said Adv Mpofu wanted the court to revisit what it had already ruled on (the issue of jurisdiction).
He said Zimbabwe was not at war neither did the President declare a state of emergency hence Adv Mpofu's submissions were speculative.
He insisted that the dissolution of Parliament would be held before June 29 as prescribed by the electoral laws.
Dep AG Machaya urged the court to grant the relief being sought by President Mugabe.
Mr Shomwe said their matter had not been taken to the Supreme Court hence the High Court had the jurisdiction to entertain it.
Soon after the parties closed their submissions Justice Chiweshe said he had reserved judgement but would make it available today.
President Mugabe made two chamber applications seeking an extension of the March 31 by-elections deadline to June 29 this year.
In the applications, President Mugabe argued that the idea of holding holding by-elections and a few months later hold harmonised elections did not make economic and/or practical sense.
The President sought to be excused from complying with the March 31 deadline provided harmonised elections would be held shortly.
Source - TH
