News / National
MDC-T electoral challenge deferred indefinitely
02 Jul 2015 at 08:26hrs | Views
A CONSTITUTIONAL application by the Movement for Democratic Change (MDC-T) seeking to challenge the country's electoral law, was yesterday postponed indefinitely after it emerged that Attorney-General (AG) Prince Machaya had not been served with necessary papers to enable him to file his response on behalf of the government, Newsday reported.
Although MDC-T lawyer Eric Matinenga submitted that service of the court papers was done at the AG's Office sometime in January this year, Deputy Chief Justice Luke Malaba pointed out that the matter would not proceed in the absence of the AG's input.
Justice Malaba further indicated that it was important to note that when the application was made, Machaya was not the substantive AG hence it was proper to allow the government legal advisor to respond as a cited party.
Early this year, the MDC-T made an application in terms of section 85(1) (a) and (d) as read with section 167 and 176 of the Constitution seeking a declaration that elections held in terms of an electoral law inconsistent with the supreme law were invalid.
The Zimbabwe Electoral Commission and its chairperson Justice Rita Makarau are cited as 1st and 2nd respondents.
Although MDC-T lawyer Eric Matinenga submitted that service of the court papers was done at the AG's Office sometime in January this year, Deputy Chief Justice Luke Malaba pointed out that the matter would not proceed in the absence of the AG's input.
Early this year, the MDC-T made an application in terms of section 85(1) (a) and (d) as read with section 167 and 176 of the Constitution seeking a declaration that elections held in terms of an electoral law inconsistent with the supreme law were invalid.
The Zimbabwe Electoral Commission and its chairperson Justice Rita Makarau are cited as 1st and 2nd respondents.
Source - newsday
