News / National
Supreme Court has no power to set an election date
02 Jun 2013 at 04:51hrs | Views
The Constitutional Court has no power to set an election date, says Zimbabwe's Prime Minister and Movement for Democratic Change leader, Dr Morgan Tsvangirai.
In a statement by his spokesperson, Luke Tamborinyoka, Tsvangirai said he respected the courts but felt the Supreme Court "has overstepped its mandate" in a judgement issued on Friday ruling that the next general election should be held by 31 July.
The ruling came out of a Constitutional Court case in which the applicant, Jealousy Mbizvo Mawarire of the Centre for Elections and Democracy in Southern Africa, accused GNU principals and Attorney General Johannes Tomana, of violating his rights as a voter by failing to proclaim election dates.
Responding to the court ruling Tsvangirai said: "In the true spirit of separation of powers, an election date remains a political process in which the executive has a role to play."
He said the judiciary cannot make a decision which should ordinarily lie in the executive.
The Zimbabwe Constitution stipulates that the term of Parliament expires on June 29, but section 64 (4) says the executive can continue for a maximum 4 months, "which means an election has to be held by 30 October 2013."
The Supreme Court ruling raised suspicions in MDC that there are some within the executive who wish to circumvent the consultative role in the GPA and pronounce an election date under the cover of judiciary authority.
MDC said SADC and the people of Zimbabwe know that an election date is a result of political pronouncements in which the judiciary has no role to play.
"The Principals have to agree on the election date. There is no way one can set the date under the cover of a Judiciary order, without a mechanism to ensure that issues of the election environment and reforms are addressed," read the statement from the PM's office.
MDC-T says Zimbabweans expect implementation of reforms and an intensive voter registration exercise that would not disenfranchise some citizens.
In a statement by his spokesperson, Luke Tamborinyoka, Tsvangirai said he respected the courts but felt the Supreme Court "has overstepped its mandate" in a judgement issued on Friday ruling that the next general election should be held by 31 July.
The ruling came out of a Constitutional Court case in which the applicant, Jealousy Mbizvo Mawarire of the Centre for Elections and Democracy in Southern Africa, accused GNU principals and Attorney General Johannes Tomana, of violating his rights as a voter by failing to proclaim election dates.
Responding to the court ruling Tsvangirai said: "In the true spirit of separation of powers, an election date remains a political process in which the executive has a role to play."
He said the judiciary cannot make a decision which should ordinarily lie in the executive.
The Zimbabwe Constitution stipulates that the term of Parliament expires on June 29, but section 64 (4) says the executive can continue for a maximum 4 months, "which means an election has to be held by 30 October 2013."
The Supreme Court ruling raised suspicions in MDC that there are some within the executive who wish to circumvent the consultative role in the GPA and pronounce an election date under the cover of judiciary authority.
MDC said SADC and the people of Zimbabwe know that an election date is a result of political pronouncements in which the judiciary has no role to play.
"The Principals have to agree on the election date. There is no way one can set the date under the cover of a Judiciary order, without a mechanism to ensure that issues of the election environment and reforms are addressed," read the statement from the PM's office.
MDC-T says Zimbabweans expect implementation of reforms and an intensive voter registration exercise that would not disenfranchise some citizens.
Source - news
