News / Regional
By-elections ruling set for today
03 Apr 2013 at 04:38hrs | Views
RULING on President Mugabe's two urgent chamber applications seeking an extension of the 31 March by-election deadline to 29 June this year is expected today.
Harmonised elections should have been held by 29 June.
The ruling was deferred to today from last week after Prime Minister Morgan Tsvangirai filed an application to be included as a respondent in the proceedings.
PM Tsvangirai argues that he was never consulted when President Mugabe came up with 29 June as the date by which the harmonised elections would have been held.
In the applications, President Mugabe argues that the idea of holding by-elections and a few months later hold harmonised elections do not make economic and/or practical sense.
The President was last year ordered to set by-election dates for three constituencies - Nkayi South, Bulilima East and Lupane East - by 31 March this year.
This followed an application by Abednico Bhebhe, Njabuliso Mguni and Norman Mpofu, all former MDC legislators for the constituencies in question.
In the other application, the Zimbabwe National Youth Service Graduates' Association obtained a High Court order compelling the President to set dates for by-elections to be held in all vacant constituencies countrywide. However, President Mugabe is seeking to be excused from complying with the 31 March deadline provided harmonised elections are held by 29 June.
Last week PM Tsvangirai's lawyer Mr Chris Mhike of Atherstone and Cook advised the High Court of the application for enjoinder, prompting Judge president George Chiweshe to defer the hearing to today.
Contrary to President Mugabe's submissions, PM Tsvangirai says it was highly unlikely for harmonised elections to be held by 29 June and says President Mugabe did not tell the court what must happen should he be afforded relief and the elections are not held by that date.
PM Tsvangirai also argues that in terms of the Global Political Agreement, it was incumbent upon the President to consult and confer with him before making such decisions of national importance.
He also says there was need for all principals to the GPA, the Finance Minister and the Zimbabwe Electoral Commission to be part of the application because without them, the application remains speculative.
The three former legislators, Bhebhe, Mguni and Mpofu, filed their notice of opposition through the Zimbabwe Lawyers for Human Rights in which they challenged the High Court's jurisdiction over the application saying the court had no power to condone or suborn disobedience of its own order.
They also argue that the application was not genuine and that there was something sinister in the President's move.
Harmonised elections should have been held by 29 June.
The ruling was deferred to today from last week after Prime Minister Morgan Tsvangirai filed an application to be included as a respondent in the proceedings.
PM Tsvangirai argues that he was never consulted when President Mugabe came up with 29 June as the date by which the harmonised elections would have been held.
In the applications, President Mugabe argues that the idea of holding by-elections and a few months later hold harmonised elections do not make economic and/or practical sense.
The President was last year ordered to set by-election dates for three constituencies - Nkayi South, Bulilima East and Lupane East - by 31 March this year.
This followed an application by Abednico Bhebhe, Njabuliso Mguni and Norman Mpofu, all former MDC legislators for the constituencies in question.
Last week PM Tsvangirai's lawyer Mr Chris Mhike of Atherstone and Cook advised the High Court of the application for enjoinder, prompting Judge president George Chiweshe to defer the hearing to today.
Contrary to President Mugabe's submissions, PM Tsvangirai says it was highly unlikely for harmonised elections to be held by 29 June and says President Mugabe did not tell the court what must happen should he be afforded relief and the elections are not held by that date.
PM Tsvangirai also argues that in terms of the Global Political Agreement, it was incumbent upon the President to consult and confer with him before making such decisions of national importance.
He also says there was need for all principals to the GPA, the Finance Minister and the Zimbabwe Electoral Commission to be part of the application because without them, the application remains speculative.
The three former legislators, Bhebhe, Mguni and Mpofu, filed their notice of opposition through the Zimbabwe Lawyers for Human Rights in which they challenged the High Court's jurisdiction over the application saying the court had no power to condone or suborn disobedience of its own order.
They also argue that the application was not genuine and that there was something sinister in the President's move.
Source - TC
