Election dates hearing set for Thursday

JUDGE President George Chiweshe will on Thursday hear President Mugabe's two urgent chamber applications seeking an extension of the March 31 by-election deadline to June 29 by which time harmonised elections should be held.

President Mugabe was last year ordered to set the by-election dates for three constituencies--Nkayi South, Bulilima East and and Lupane East by March 31.

This followed an application by Abednico Bhebhe, Njabuliso Mguni and Norman Mpofu all former MDC legislators for the constituencies in question.

The trio obtained an order compelling the Head of State and Government and the Commander-in-Chief of the Zimbabwe Defence Forces, to set by-election dates to fill the vacancies in the three constituencies following their expulsion from the MDC.

The High Court, in another court case involving the Zimbabwe National Youth Service Graduates Association, also ordered the President to promulgate by-elections in all the vacant constituencies countrywide by the same date.

President Mugabe is seeking to be excused from complying with the March 31 deadline provided harmonised elections are held by June 29.

Justice and Legal Affairs Minister Patrick Chinamasa deposed an affidavit on behalf of the President outlining the grounds on which the extension was being sought.

Minister Chinamasa says President Mugabe was unable to comply with the orders considering that March 31 was fast-approaching and general elections are set to be held by June 29.

The minister says it does not make economic sense to conduct by-elections a few months before the harmonised elections.

It is the President's application that he should be allowed to comply with the two orders through holding harmonised elections by June 29.

"In terms of the Constitution, the life of Parliament terminates on June 29 2013 by which date harmonised elections will be held in the country.

"Given the above, it does not make economic and practical sense to conduct a parallel process to hold by-elections about the time it is anticipated to hold harmonised elections.

"Compliance with the order to publish a proclamation for the holding of by-elections in the three constituencies is no longer possible as a general election is now imminent," reads the affidavit.

Minister Chinamasa outlined the progress made so far in the spirit of holding harmonised elections this year.

He states that the referendum was successfully held in terms of the Global Political Agreement and that the electorate adopted the draft Constitution.

The next stage, according to the minister, is to gazette an amendment bill at least 30 days before its introduction into Parliament.

"These amendments will take at most four parliamentary days to pass through parliament and when these amendments are assented to by the President they become law. This will usher in the electoral process," Minister Chinamasa said.

The process, Minister Chinamasa added, is flowing and elections will be conducted by June 29. The recently endorsed draft constitution will be gazetted today as a Constitutional Bill before it is tabled in Parliament for debate on May 7.
Although no changes would be made to the draft constitution it has to go through all Parliamentary processes for it to become law.