News / National
CCC linked lawyer seeks joinder into Mwonzora poll challenge
04 May 2023 at 19:59hrs | Views
Harare lawyer Jeremiah Bamu has filed a court application seeking to be joined as amicus curiae (friend of the court) in the case in which MDC leader, Douglas Mwonzora is seeking postponement of this year's elections through a challenge against the Zimbabwe Electoral Commission (ZEC) delimitation report.
Mwonzora is seeking nullification of the delimitation report, and consequently, postponement of Zimbabwe's 2023 poll – due not later than August this year – by at least six months to allow ZEC to redo the delimitation exercise and submit a fresh one.
Bamu, closely linked to the opposition Citizens Coalition for Change (CCC), said he wants to assist the court with information or advice regarding questions of law or fact as an interested party.
"The applicant (Bamu) is a registered voter with an intention to vote during the 2023 general elections.
"The applicant bears an interest in the proceedings as they concern proper delimitation of the electoral boundaries and the potential prohibition against proclamation of the dates for the 2023 general elections.
"The applicant intends, as amicus curiae, to make submissions which will be useful and different from those of the parties on matters to be determined by this court," reads his application filed through Maunga Maanda and Associates.
The matter has been set for hearing later this Thursday.
Bamu is challenging Mwonzora's prayer that in case the delimitation report is set aside, President Emmerson Mnangagwa's election proclamation should also be delayed and made only after ZEC has redone the delimitation exercise and submitted a new report.
Effectively, the lawyer is challenging the postponement of the general election.
In his founding affidavit, Bamu begged the Constitutional Court to hear his application with urgency.
"Given the peculiar circumstances, and the urgency of the main matter, I request that this court condones my decision to file this application ahead of receiving the main parties' written heads of argument," he said.
He said holding of elections this year should not be tampered with as it is in accordance with the law.
"Should I be admitted as amicus curiae, I intend to take the position that the holding of general elections in Zimbabwe during the year 2023 and upon the expiration of a five year term reckoned from the date of swearing in of the current President on August 26 2018 is a constitutional imperative which may not be dispensed with.
"I would thus urge the court by way of submissions, a summary of which is made be, not to grant the relief which would result in the general elections proceeding long after the expiry of the five year term commencing from the date of the swearing in of the president in 2018," he said.
The main case will be heard on May 8.
Commenting on the application filed by Bamu, exiled former cabinet minister and one time constitutional law professor, Jonathan Moyo said this was a backdoor application by CCC.
He also mentioned that Mwonzora's application may not succeed due to technicalities.
"There are also some indications that the case might fall on a technicality or some technicalities and not on its merits not least because, as the main applicant, Mwonzora might have tough preliminary points he might not be able to overcome regarding his locus standi, for example on grounds that he has no legitimate interest in the new electoral boundaries in the ZEC delimitation report; as a would be presidential candidate whose constituency is the whole of Zimbabwe and is thus unaffected by the new boundaries.
"The fact that Zanu PF has virtually completed its primary elections and that CCC is about to complete its stalled candidate selection process, both based on new electoral boundaries, makes it unlikely that the ZEC delimitation report will be set aside.
"More likely, praxis will prevail over theory to avoid chaos.
"But in the event that the delimitation report is set aside, it is difficult to see why and how the Court would grant Mwonzora's prayer that the election proclamation should only be made after ZEC has redone the delimitation report.
"This expectation might explain why through its proxy, CCC has opportunistically made an eleventh hour application to basically argue against postponement of the election. It's a winning argument, almost guaranteed," he said.
Mwonzora is seeking nullification of the delimitation report, and consequently, postponement of Zimbabwe's 2023 poll – due not later than August this year – by at least six months to allow ZEC to redo the delimitation exercise and submit a fresh one.
Bamu, closely linked to the opposition Citizens Coalition for Change (CCC), said he wants to assist the court with information or advice regarding questions of law or fact as an interested party.
"The applicant (Bamu) is a registered voter with an intention to vote during the 2023 general elections.
"The applicant bears an interest in the proceedings as they concern proper delimitation of the electoral boundaries and the potential prohibition against proclamation of the dates for the 2023 general elections.
"The applicant intends, as amicus curiae, to make submissions which will be useful and different from those of the parties on matters to be determined by this court," reads his application filed through Maunga Maanda and Associates.
The matter has been set for hearing later this Thursday.
Bamu is challenging Mwonzora's prayer that in case the delimitation report is set aside, President Emmerson Mnangagwa's election proclamation should also be delayed and made only after ZEC has redone the delimitation exercise and submitted a new report.
Effectively, the lawyer is challenging the postponement of the general election.
In his founding affidavit, Bamu begged the Constitutional Court to hear his application with urgency.
"Given the peculiar circumstances, and the urgency of the main matter, I request that this court condones my decision to file this application ahead of receiving the main parties' written heads of argument," he said.
He said holding of elections this year should not be tampered with as it is in accordance with the law.
"Should I be admitted as amicus curiae, I intend to take the position that the holding of general elections in Zimbabwe during the year 2023 and upon the expiration of a five year term reckoned from the date of swearing in of the current President on August 26 2018 is a constitutional imperative which may not be dispensed with.
"I would thus urge the court by way of submissions, a summary of which is made be, not to grant the relief which would result in the general elections proceeding long after the expiry of the five year term commencing from the date of the swearing in of the president in 2018," he said.
The main case will be heard on May 8.
Commenting on the application filed by Bamu, exiled former cabinet minister and one time constitutional law professor, Jonathan Moyo said this was a backdoor application by CCC.
He also mentioned that Mwonzora's application may not succeed due to technicalities.
"There are also some indications that the case might fall on a technicality or some technicalities and not on its merits not least because, as the main applicant, Mwonzora might have tough preliminary points he might not be able to overcome regarding his locus standi, for example on grounds that he has no legitimate interest in the new electoral boundaries in the ZEC delimitation report; as a would be presidential candidate whose constituency is the whole of Zimbabwe and is thus unaffected by the new boundaries.
"The fact that Zanu PF has virtually completed its primary elections and that CCC is about to complete its stalled candidate selection process, both based on new electoral boundaries, makes it unlikely that the ZEC delimitation report will be set aside.
"More likely, praxis will prevail over theory to avoid chaos.
"But in the event that the delimitation report is set aside, it is difficult to see why and how the Court would grant Mwonzora's prayer that the election proclamation should only be made after ZEC has redone the delimitation report.
"This expectation might explain why through its proxy, CCC has opportunistically made an eleventh hour application to basically argue against postponement of the election. It's a winning argument, almost guaranteed," he said.
Source - zimlive
