News / National
Mugabe opposes Tsvangirai's poll date appeal
02 Jul 2013 at 15:17hrs | Views
President Robert Mugabe and the Minister of Justice and Legal Affairs, Patrick Chinamasa who are cited as first and second respondents have filed their heads of argument in the constitutional application in which Prime Minister Morgan Tsvangirai is seeking the extension of election dates.
President Mugabe and Chinamasa are opposing the application by Prime Minister Tsvangirai, saying the proclamation of the election date and the amendment of the electoral law through the Presidential Temporary Measures Act was above board and in accordance with the constitution of Zimbabwe.
In their heads of argument filed this Tuesday afternoon, the first and second respondents, through their legal practitioners, argued the President's proclamation was necessitated by an urgent need to comply with the Constitutional Court which had ordered that elections must be held before the 31st of July this year.
They argued that while President Mugabe was trying to ensure that he complies with a court order, the applicant, Mr Tsvangirai went on to what they termed a self-gratifying trajectory in the opposite direction.
They further submitted that the Prime Minister went on to show his disrespect of the Constitutional Court by challenging it at the SADC Summit in Maputo, Mozambique which then ordered Zimbabwe to go back to the same court and make another application.
The first and second respondents further argued that most of the issues raised by the applicant have been overtaken by events, citing the issue of the Electoral Amendment Act which the applicant had suggested must be debated by Parliament.
However, the life of the 7th Parliament expired on the 29th of June, hence the relief sought cannot be granted.
The issue of nomination dates has also been overtaken by events as all candidates have already filed their nomination papers countrywide including the applicant and his political party.
Meanwhile, the President, who has been cited as the sixth respondent in the application by the MDC leader, Professor Welshman Ncube said the joinder application is misplaced as it does not deal with the same persons and same issues as the application.
The President, who is represented by Advocate Terence Hussein, said he would not participate in proceedings that have the effect of questioning the initial judgement and further submitted that it would be contrary to his oath of office and the constitution of Zimbabwe.
The President said he will be bound by any decision the Constitutional Court will make.
The first and second respondents filed their heads of argument before 12 noon this Tuesday as directed by the Constitutional Court.
However, according to State Controlled ZBC, the applicants, Prime Minister Tsvangirai and Professor Ncube missed the 12 noon deadline.
President Mugabe and Chinamasa are opposing the application by Prime Minister Tsvangirai, saying the proclamation of the election date and the amendment of the electoral law through the Presidential Temporary Measures Act was above board and in accordance with the constitution of Zimbabwe.
In their heads of argument filed this Tuesday afternoon, the first and second respondents, through their legal practitioners, argued the President's proclamation was necessitated by an urgent need to comply with the Constitutional Court which had ordered that elections must be held before the 31st of July this year.
They argued that while President Mugabe was trying to ensure that he complies with a court order, the applicant, Mr Tsvangirai went on to what they termed a self-gratifying trajectory in the opposite direction.
They further submitted that the Prime Minister went on to show his disrespect of the Constitutional Court by challenging it at the SADC Summit in Maputo, Mozambique which then ordered Zimbabwe to go back to the same court and make another application.
The first and second respondents further argued that most of the issues raised by the applicant have been overtaken by events, citing the issue of the Electoral Amendment Act which the applicant had suggested must be debated by Parliament.
However, the life of the 7th Parliament expired on the 29th of June, hence the relief sought cannot be granted.
The issue of nomination dates has also been overtaken by events as all candidates have already filed their nomination papers countrywide including the applicant and his political party.
Meanwhile, the President, who has been cited as the sixth respondent in the application by the MDC leader, Professor Welshman Ncube said the joinder application is misplaced as it does not deal with the same persons and same issues as the application.
The President, who is represented by Advocate Terence Hussein, said he would not participate in proceedings that have the effect of questioning the initial judgement and further submitted that it would be contrary to his oath of office and the constitution of Zimbabwe.
The President said he will be bound by any decision the Constitutional Court will make.
The first and second respondents filed their heads of argument before 12 noon this Tuesday as directed by the Constitutional Court.
However, according to State Controlled ZBC, the applicants, Prime Minister Tsvangirai and Professor Ncube missed the 12 noon deadline.
Source - zbc
