News / Regional
Expelled MDC MPs to challenge by-elections ruling
10 Apr 2013 at 02:27hrs | Views
FORMER MDC legislators for Nkayi South, Bulilima East and Lupane East have appealed to the Supreme Court against a ruling by Judge President Justice George Chiweshe extending the March 31 by-election deadline to June 29.
President Mugabe last week successfully sought an extension of the March 31 by-election deadline before Justice Chiweshe.
Justice Chiweshe said the holding of the by-elections would be costly and unnecessary because the new legislators would be in office for a very short period as the life of Parliament would end by June 29 and there was nothing to suggest that the country could be at war or under a state of emergency to warrant the extension of the tenure of Parliament.
In terms of the Constitution, harmonised elections should be held before the expiry Parliament.
Justice Chiweshe said it was common cause that President Mugabe was sworn in on June 29, 2009, hence the life of the present Parliament should be deemed to run from that date for a period of five years.
Last year, the President was ordered to set by-election dates for the three constituencies by March 31 following an application by Abednico Bhebhe, Njabuliso Mguni and Norman Mpofu, all former MDC legislators for the constituencies in question.
The President - through Deputy Attorney-General Advocate Prince Machaya - however, requested for more time arguing that the idea of holding by-elections and harmonised elections a few months later did not make economic and/or practical sense.
The Judge President granted the application.
Through their lawyer, Adv Thabani Mpofu, the three argued that the High Court erred in entertaining a matter in which it had no jurisdiction.
"The court a quo erred in holding that it can excuse compliance with its own order on the basis of practical or economic considerations," argues Adv Mpofu.
The legislators further argue that the court erred in affording relief, the effect of which is to take away appellants' rights which were vested in terms of the order granted by this court and also as set out in the Electoral Act.
President Mugabe last week successfully sought an extension of the March 31 by-election deadline before Justice Chiweshe.
Justice Chiweshe said the holding of the by-elections would be costly and unnecessary because the new legislators would be in office for a very short period as the life of Parliament would end by June 29 and there was nothing to suggest that the country could be at war or under a state of emergency to warrant the extension of the tenure of Parliament.
In terms of the Constitution, harmonised elections should be held before the expiry Parliament.
Justice Chiweshe said it was common cause that President Mugabe was sworn in on June 29, 2009, hence the life of the present Parliament should be deemed to run from that date for a period of five years.
The President - through Deputy Attorney-General Advocate Prince Machaya - however, requested for more time arguing that the idea of holding by-elections and harmonised elections a few months later did not make economic and/or practical sense.
The Judge President granted the application.
Through their lawyer, Adv Thabani Mpofu, the three argued that the High Court erred in entertaining a matter in which it had no jurisdiction.
"The court a quo erred in holding that it can excuse compliance with its own order on the basis of practical or economic considerations," argues Adv Mpofu.
The legislators further argue that the court erred in affording relief, the effect of which is to take away appellants' rights which were vested in terms of the order granted by this court and also as set out in the Electoral Act.
Source - TC
