Tsvangirai wants Mugabe poll date proclamation nullified

PRIME Minister Morgan Tsvangirai yesterday filed an application at the Constitutional Court of Zimbabwe seeking to nullify the proclamation by President Mugabe setting July 31 as the date for the harmonised elections.

The application came as MDC-T delegates from the country's 10 provinces gathered in Harare to sign Dr Tsvangirai's nomination papers ahead of the sitting of the Nomination Court at Mapondera Building on Thursday.

It also followed a recent meeting the MDC-T convened in the Zimbabwe Lawyers for Human Rights boardroom earlier this month to brainstorm on what it called "Strategic Election Litigation".

Justice and Legal Affairs Minister Patrick Chinamasa has since approached the court, on behalf of Government, seeking a two-week extension of the July 31 deadline to August 14 as suggested by Sadc at the instigation of the MDC formations.

In his application, Mr Tsvangirai wants the court to vary the order granted to Zaka East voter Mr Jealousy Mawarire compelling the President to proclaim the date for and hold harmonised elections by July 31.

Dr Tsvangirai argues that the two-week extension sought by Minister Chinamasa, on behalf of Government, was insufficient to deal with MDC-T's reform agenda ahead of the harmonised elections.

Dr Tsvangirai also wants the court to direct President Mugabe and Minister Chinamasa to ensure a Bill for the Electoral Amendment Act As agreed in Cabinet on June 11 is presented to Parliament for debate not later than June 28 and that the three principals in the inclusive Government plus Professor Welshman Ncube and Minister Chinamasa "are directed to use their best endeavours to have the Bill passed and enacted, so as to bring the Electoral Law of Zimbabwe into conformity with its new Constitution".

Dr Tsvangirai also wants President Mugabe to issue an election proclamation prescribing the nomination and polling dates in terms of the Constitution after the Zimbabwe Electoral Commission certifies that an intensive voter registration and inspection exercise of at least 30 days has been completed and that the State has complied fully with its obligations in terms of the Constitution.

In his application Dr Tsvangirai argues that although Cabinet met, discussed and agreed on various amendments to the Electoral Act, President Mugabe did not advice them that he would invoke the Presidential Powers (Temporary Measures) Act to amend the electoral law. Dr Tsvangirai further attacks the President for setting June 28 as the date for the Nomination Court to sit 'before the voter registration is completed on July 9'.

Dr Tsvangirai further argues that the proclamation on the elections date was fraught with legal and practical challenges.

To this end the Dr Tsvangirai cited lack of funds as a stumbling block to carry out a meaningful election.

"As matters stand ZEC and the Registrar of Elections are working off very limited and in fact inadequate resources," said PM Tsvangirai.

He added Zimbabwe was a member of the Sadc and a signatory to the regional bloc's principles and guidelines governing democratic elections hence the July 31 deadline did not give the ZEC or Sadc enough time to prepare for the elections.

Chief Justice Godfrey Chidyausiku gave the parties involved in the six cases up to yesterday (Monday) to file their heads of argument.

By 11am yesterday, only Minister Chinamasa had filed his papers in the main case while in another case, Ms Maria Phiri and Mr Jealousy Mawarire had filed their heads of argument.

In the heads of argument, Minister Chinamasa said the court should determine how the case would go bearing in mind that the May 31 order had already been complied with.

Minister Chinamasa insists that the President had fully complied with a court order of May 31 this year and that he had much respect for that ruling.