News / National
Deputy Chief Justice hits out at 'illogical' Constitutional Court ruling
02 Jun 2013 at 22:32hrs | Views
DEPUTY Chief Justice Luke Malaba has said the ruling by the Constitutional Court in finding Mugabe was in breach of his constitutional responsibilities "and at the same time authorising him to continue acting unlawfully" by proclaiming a July date was "defied logic" and compromised the rights of the electorate as a whole.
Seven of the judges on the nine member panel agreed with the ruling but Justice Malaba and Justice Bharat Patel dissented.
The court was ruling on an application by Harare-based rights activist, Jealousy Mawarire, who wanted President Robert Mugabe to be compelled to proclaim dates for new elections to choose a substantive government.
In his dissenting opinion, made available on Sunday, Justice Malaba said his colleagues' ruling "defied logic" in finding Mugabe was in breach of his constitutional responsibilities "and at the same time authorising him to continue acting unlawfully" by proclaiming a July date.
"That is a very dangerous principle and has no basis in law. The principle of the rule of law just does not permit such an approach," wrote Malaba.
He said the new constitution made it clear that elections could be held within four months of the automatic dissolution of the parliament on 29 June and to hold them in
July compromised constitutional rights for the electorate as a whole "to play a meaningful role in the electoral process", Malaba said.
He added that Mawarire's lawsuit had turned clear and unambiguous language in the law into "a question of interpretation that plunged the court into irreconcilable differences".
"I, however, refuse to have wool cast over the inner eye of my mind on this matter," concluded Malaba.
The ruling possibly brings to an end the wrangling between Mugabe and Prime Minister Morgan Tsvangirai over the timing of the elections.
Mugabe wanted the polls to immediately follow the dissolution of Parliament on June 29 but the MDC-T leader was insisting on a delay to allow more reforms to be implemented.
Seven of the judges on the nine member panel agreed with the ruling but Justice Malaba and Justice Bharat Patel dissented.
The court was ruling on an application by Harare-based rights activist, Jealousy Mawarire, who wanted President Robert Mugabe to be compelled to proclaim dates for new elections to choose a substantive government.
In his dissenting opinion, made available on Sunday, Justice Malaba said his colleagues' ruling "defied logic" in finding Mugabe was in breach of his constitutional responsibilities "and at the same time authorising him to continue acting unlawfully" by proclaiming a July date.
"That is a very dangerous principle and has no basis in law. The principle of the rule of law just does not permit such an approach," wrote Malaba.
July compromised constitutional rights for the electorate as a whole "to play a meaningful role in the electoral process", Malaba said.
He added that Mawarire's lawsuit had turned clear and unambiguous language in the law into "a question of interpretation that plunged the court into irreconcilable differences".
"I, however, refuse to have wool cast over the inner eye of my mind on this matter," concluded Malaba.
The ruling possibly brings to an end the wrangling between Mugabe and Prime Minister Morgan Tsvangirai over the timing of the elections.
Mugabe wanted the polls to immediately follow the dissolution of Parliament on June 29 but the MDC-T leader was insisting on a delay to allow more reforms to be implemented.
Source - news
