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Tsvangirai, Welshman Ncube in contempt of Court?

by Staff reporter
26 Jun 2013 at 03:35hrs | Views
The State aligned media reports that the MDC formation leaders stand in contempt of the Constitutional Court after failing to file their opposing papers by mid-day on Monday in the case in which the Government is seeking a two-week extension of the poll date from July 31 to August 14.

The Court, last week, gave all parties up to midday Monday to file their papers but instead of filing his opposing papers at the time prescribed by the court, Dr Morgan Tsvangirai lodged a counter application around 4pm on Monday, while Professor Welshman Ncube filed his counter application yesterday morning.

To this end, the two brought to court the new applications that opposed Minister Chinamasa's application, out of time.

They wanted their applications consolidated into Minister Chinamasa's application.

Dr Tsvangirai also filed another application requesting the court to hear his application for consolidation as urgent.

Justice and Legal Affairs Minister Patrick Chinamasa approached the Constitutional Court on behalf of Government in the wake of the extraordinary Summit of Sadc heads of state and government held in Maputo last week that tasked him to approach the Court to seek an extension of the election date beyond July 31 to accommodate any agreed reforms.

The duo's applications effectively seek to drag President Mugabe into court.

In his counter-application filed yesterday Prof Ncube is also seeking to invalidate the proclamation by President Mugabe setting July 31 as the date for the harmonised elections.

In his heads of argument, Prof Ncube said the counter application was necessitated by Minister Chinamasa, whom he accused of deliberately seeking to ensure that his application for a two-week extension of the deadline fails for lack of merit before the Constitutional bench.

Prof Ncube also filed another application challenging a section of the Electoral Act, which he says was inconsistent with Constitution of Zimbabwe. He is seeking to nullify Section 119(2)(I) of the Electoral Act, which bars any person suspended from holding office from standing for an election.

Source - herald