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Mwonzora in fresh bid to stop 2023 polls
14 May 2023 at 11:37hrs | Views
MDC T leader Douglas Mwonzora, has launched a fresh bid to have upcoming elections postponed by approaching the High Court on Friday to stop President Emmerson Mnangagwa from proclaiming poll dates.
Last week, the ConCourt dismissed a related application by Mwonzora.
He had sought nullification of a delimitation report on new constituency boundaries that was gazetted in February arguing it was done unprocedurally
His application was heard by a full Constitutional Court bench led by Chief Justice Luke Malaba.
On Friday, he filed yet another application seeking to have the final delimitation report declared invalid.
In his application, Mwonzora claimed the delimitation report was flawed and contained irregularities such as opaqueness of the exercise in coming up with new boundaries.
"The delimitation report, because of its invalidity is not sufficiently informative," Mwonzora submitted.
"I also will need to plan where to hold rallies and other meetings.
"The current delimitation report does not inform me, for example, how many people were 17 years old at the time of delimitation, but who are now 18 years old this year.
"This information will help me concentrate on where to encourage voter registration for my campaign."
There has been controversy surrounding the delimitation report, with opposition parties and election watchdogs accusing the Zimbabwe Electoral Commission (Zec) of using a wrong formula to redraw electoral boundaries.
The last delimitation was done ahead of the 2008 elections.
"The current delimitation report does not show, for example, how many people are 13 years of age and who will be 18 years in 2028," Mwonzora said.
"This will help me to plan for that election as well…because of its non-compliance with section 161 of the constitution, the current delimitation report is invalid and cannot be the basis of a free and fair election as contemplated by our constitution."
President Emmerson Mnangagwa on Friday said elections were going to be held in August.
Mwonzora last week reacted angrily to the ConCourt ruling.
In an interview with Heart and Soul TV, Mwonzora accused the ConCourt of making a political ruling.
"Judges in this country have made political decisions and I could say it in front of the Constitutional Court itself," Mwonzora said.
"It was not a sensible judgment and it is certainly political.
"It is meant to avoid an embarrassment on the electoral body and therefore if judges do that, we must point that out and we must condemn it and that is why we are saying that we don't agree with what the Constitutional Court did."
Analysts accused Mwonzora of trying to torpedo the constitution on the holding of general elections.
"He was aware that elections can't be postponed and is trying to ride on a good cause to achieve an evil outcome," said human rights activist and Project Vote 263 founder, Youngerson Matete.
Harare-based lawyer Edwin Saungare said Mwonzora's application was likely to be overtaken by events.
"If it's an ordinary application, by the time it will be heard the president would have announced date for elections and the elections would be done and this application will be moot," Saungare said.
Last week, the ConCourt dismissed a related application by Mwonzora.
He had sought nullification of a delimitation report on new constituency boundaries that was gazetted in February arguing it was done unprocedurally
His application was heard by a full Constitutional Court bench led by Chief Justice Luke Malaba.
On Friday, he filed yet another application seeking to have the final delimitation report declared invalid.
In his application, Mwonzora claimed the delimitation report was flawed and contained irregularities such as opaqueness of the exercise in coming up with new boundaries.
"The delimitation report, because of its invalidity is not sufficiently informative," Mwonzora submitted.
"I also will need to plan where to hold rallies and other meetings.
"The current delimitation report does not inform me, for example, how many people were 17 years old at the time of delimitation, but who are now 18 years old this year.
"This information will help me concentrate on where to encourage voter registration for my campaign."
There has been controversy surrounding the delimitation report, with opposition parties and election watchdogs accusing the Zimbabwe Electoral Commission (Zec) of using a wrong formula to redraw electoral boundaries.
The last delimitation was done ahead of the 2008 elections.
"This will help me to plan for that election as well…because of its non-compliance with section 161 of the constitution, the current delimitation report is invalid and cannot be the basis of a free and fair election as contemplated by our constitution."
President Emmerson Mnangagwa on Friday said elections were going to be held in August.
Mwonzora last week reacted angrily to the ConCourt ruling.
In an interview with Heart and Soul TV, Mwonzora accused the ConCourt of making a political ruling.
"Judges in this country have made political decisions and I could say it in front of the Constitutional Court itself," Mwonzora said.
"It was not a sensible judgment and it is certainly political.
"It is meant to avoid an embarrassment on the electoral body and therefore if judges do that, we must point that out and we must condemn it and that is why we are saying that we don't agree with what the Constitutional Court did."
Analysts accused Mwonzora of trying to torpedo the constitution on the holding of general elections.
"He was aware that elections can't be postponed and is trying to ride on a good cause to achieve an evil outcome," said human rights activist and Project Vote 263 founder, Youngerson Matete.
Harare-based lawyer Edwin Saungare said Mwonzora's application was likely to be overtaken by events.
"If it's an ordinary application, by the time it will be heard the president would have announced date for elections and the elections would be done and this application will be moot," Saungare said.
Source - The Standard
