News / Regional
Supreme Court grants ex-legislators' case urgency
17 Apr 2013 at 05:33hrs | Views
CHIEF Justice Godfrey Chidyausiku yesterday granted an application by three former MDC lawmakers for three constituencies in Matabeleland seeking an urgent hearing of their appeal to nullify a High Court ruling on by-election deadline.
The three legislators - Abednico Bhebhe (Nkayi South), Njabuliso Mguni (Bulilima East) and Norman Mpofu (Lupane East) - wanted an urgent hearing of their appeal, which they filed at the country's apex court last week to overturn the lower court's decision granting President Mugabe an extension of the March 31 by-election deadline to 29 June.
Judge president George Chiweshe allowed President Mugabe's request for extension of the by-election dead¬line saying the holding of the election 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 29 June.
He also said 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.
But Chief Justice Chidyausiku yesterday felt there was nothing wrong to have the appeal by the three legislators heard on urgent basis.
"It is ordered that... the appeal filed under case Number SCI 18/13 shall be heard on an urgent basis in connection with which...applicants shall at their expense immediately cause the preparation of court records under Case number HC2362/13," said Chief Justice Chidyausiku.
The Chief Justice also ordered the Registrar of the High Court to supervise the preparation of the record as a matter of priority and that it should immediately transmit it to the registrar of the superior court upon completion.
"Within five days of the receipt by the Registrar of this court of the record prepared as contemplated by clause...above, appellants shall file their heads of argument in support of the appeal," said Chief Justice Chidyausiku.
He said once the three legislators filed their heads of argument, the Registrar should set down the hearing of the appeal on an urgent basis.
The three former MDC lawmakers want their appeal to be dealt with urgently saying the High Court erred in overriding its earlier decision that was upheld at the Supreme Court compelling the President to proclaim the dates for the by-election by 31 March.
The trio also claim that the judgment impacts on the execution of many orders granted by the courts in this country.
The country is expected to hold general elections by 29 June when Parliament is dissolved and Justice Chiweshe ruled that if the by-elections were held now, the tenure of the legislators would be temporary.
The three legislators - Abednico Bhebhe (Nkayi South), Njabuliso Mguni (Bulilima East) and Norman Mpofu (Lupane East) - wanted an urgent hearing of their appeal, which they filed at the country's apex court last week to overturn the lower court's decision granting President Mugabe an extension of the March 31 by-election deadline to 29 June.
Judge president George Chiweshe allowed President Mugabe's request for extension of the by-election dead¬line saying the holding of the election 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 29 June.
He also said 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.
But Chief Justice Chidyausiku yesterday felt there was nothing wrong to have the appeal by the three legislators heard on urgent basis.
"It is ordered that... the appeal filed under case Number SCI 18/13 shall be heard on an urgent basis in connection with which...applicants shall at their expense immediately cause the preparation of court records under Case number HC2362/13," said Chief Justice Chidyausiku.
The Chief Justice also ordered the Registrar of the High Court to supervise the preparation of the record as a matter of priority and that it should immediately transmit it to the registrar of the superior court upon completion.
"Within five days of the receipt by the Registrar of this court of the record prepared as contemplated by clause...above, appellants shall file their heads of argument in support of the appeal," said Chief Justice Chidyausiku.
He said once the three legislators filed their heads of argument, the Registrar should set down the hearing of the appeal on an urgent basis.
The three former MDC lawmakers want their appeal to be dealt with urgently saying the High Court erred in overriding its earlier decision that was upheld at the Supreme Court compelling the President to proclaim the dates for the by-election by 31 March.
The trio also claim that the judgment impacts on the execution of many orders granted by the courts in this country.
The country is expected to hold general elections by 29 June when Parliament is dissolved and Justice Chiweshe ruled that if the by-elections were held now, the tenure of the legislators would be temporary.
Source - TH
