Mugabe, Welshman Ncube agree

PRESIDENT Mugabe and MDC leader Professor Welshman Ncube yesterday consented to a request by a Harare man, Mr Jealousy Mawarire, to have his court application for early proclamation of election dates heard on an urgent basis.

Deputy Attorney-General Advocate Prince Machaya, who was representing the President and the AG in the chambers of Chief Justice Godfrey Chidyausiku, consented to the application on behalf of his two clients.

Adv Machaya also confirmed that lawyers representing Prof Ncube decided not to oppose the application.

"On behalf of the President and the AG, I did not oppose the issue of urgency. The leader of the MDC Professor Welshman Ncube also did not oppose the application," said Adv Machaya.

"If the court rules in favour of the applicant, then we will proceed to argue the merits of the matter."
However, Prime Minister Morgan Tsvangirai - through his lawyer Mr Chris Mhike of Artherstone and Cook - opposed the urgent chamber application saying Mr Mawarire's lawyers had not justified that his main application was urgent.

"Today's hearing pertained to just the urgent chamber application in terms of which process applicant requested the Supreme Court to hear main matter on an urgent basis," said Mr Mhike.

"We opposed that preliminary application on the grounds that the applicant has totally failed to establish urgency to the subject matter."

Mr Mhike added, "The application is premised on a grossly mistaken interpretation of the Constitution of Zimbabwe, namely that general elections must be conducted by 29th June 2013. This interpretation is so outrageous in its defiance of logic that urgency cannot be derived therefrom.

"Judgment was reserved and we therefore now await delivery of the Supreme Court's determination on whether or not the primary application may be heard by the Constitutional Court urgently."

Mr Mhike said his client was also opposed to the main application.

"We are opposed to both the urgent chamber application and the main court application wherein applicant seeks an order for the President of the Republic of Zimbabwe to proclaim a date for general elections 'within a reasonable time', but no later than the 29th of June 2013.''

"It is our contention that between now and 29 June 2013, there is ample time available to the President, working with his co-principals to the Global Political Agreement (GPA), to issue a proclamation for the holding of general elections," he said.

To that end, Justice Chidyausiku reserved ruling on the urgent chamber application to Monday.

If the Chief Justice rules in favour of Mr Mawarire, the parties will argue the merits of the main application.

Mr Mawarire cited President Mugabe, PM Tsvangirai, Prof Ncube, Prof Arthur Mutambara and the AG as respondents.

Noone from the office of Prof Mutambara attended the hearing yesterday.

Mr Mawarire argues that the life of Parliament and local authority councillors expires on June 29 and that if elections are not held, Zimbabwe will be running under an illegality.

Mr Mawarire says the looming expiry of Parliament had triggered confusion and debate among representatives of political parties and the inclusive Government.

The MDC formations, Mr Mawarire says, were pushing for the extension of the lifespan when there is no such provision in the Constitution.

If the election date is not fixed in line with the looming expiry of the terms, Zimbabwe would be plunged into a situation where it would be run illegally.