Justice Chiweshe okays June 29 by-elections

JUDGE President Justice George Chiweshe has granted President Mugabe's application seeking an extension of the March 31 by-elections deadline to June 29 this year.

The President 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.

The President, through Deputy Attorney-General Advocate Prince Machaya, however, approached the High Court arguing that the idea of holding by-elections and harmonised elections a few months later did not make economic and/or practical sense.

President Mugabe's two applications found favour with the Judge President who ordered that: "The applicant be and is hereby excused from performance of the order of this honourable court granted on 2 October 2012 under case number HC11222/12".

He was also excused from carrying out the order which the court granted on October 16 last year.
Justice Chiweshe said reasons for the decision will be released next Monday.

Advocate Thabani Mpofu, who was representing the former MDC legislators, yesterday said: "I do not know what my clients will say about this but if I were them, I would seek to be excused from being bound by it".

Adv Mpofu had argued that the President wanted the court to adjudicate a matter which it had passed judgment on hence it was functus officio (the court could not hear a case in which it has already passed judgement on).

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 had 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, Adv 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.
Adv Machaya urged the court to grant the relief sought by President Mugabe.

Another party which had taken the President to court ' the Zimbabwe National Youth Service Graduates' Association on Thursday 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 who wanted to be included as a respondent in the matter was forced to withdraw his application after the State amended its application.

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 by-elections and a few months later harmonised elections did not make economic and/or practical sense.
The President also sought to be excused from complying with the March 31 deadline provided harmonised elections would be held in due case.