News / National
'Court will uphold July 31st poll date,' says Madhuku
03 Jul 2013 at 19:32hrs | Views
President Robert Mugabe has accused Prime Minister Morgan Tsvangirai of sending mixed messages on the controversial issue of elections dates, as the political parties gear up for the much-awaited hearing on the poll date in the Constitutional Court.
In heads of arguments filed by his lawyers in the ConCourt this week, Mugabe is quoted as saying it is ironic that Tsvangirai is persisting with his legal challenge against the July 31st election date, even though he has submitted nomination papers to contest in the presidential polls on that day.
Mugabe argues that electoral procedures are at an advanced stage and that the rights and expectations of people who filed their nomination papers last Friday will be violated if elections are delayed.
The ConCourt will hear a number of election related urgent applications, including an appeal by Tsvangirai and MDC leader Welshman Ncube, who both want the ConCourt to extend the voting date from July 31st, to allow the implementation of reforms.
There are already conflicting opinions from legal experts on what is likely to be the outcome of Thursday's hearing. Constitutional expert Dr. Lovemore Madhuku believes the election extension case will be thrown out by the ConCourt, saying it has no basis in law, but another expert, Derek Matyszak, says either way there will be a constitutional crisis in Zimbabwe after the ruling.
The MDC leaders were caught off guard last month when Mugabe unilaterally declared the election date and used the Presidential Powers Act to bypass parliament to pass amendments to the Electoral law.
But in his heads of argument, filed by his lawyers on Tuesday, Mugabe says he used the presidential decree in order to meet the poll deadline that was set by the same court.
In a judgment delivered on May 31st by Chief Justice Godfrey Chidyausiku, representing the nine judge panel, the ConCourt said elections are due upon the dissolution of Parliament on June 29th and ordered that the polls must be held not later than the 31st July.
Mugabe's lawyer Terrence Hussein said: "Had the President awaited Parliament to enact the amendments, he ran the risk that the timeline set by the court would not have been met."
Hussein added: "The suggestion that he is required to consult with the applicant (Tsvangirai) is misplaced as the Presidential Powers Temporary Measures Act do not contain such a provision nor does the Eighth Schedule to the former Constitution."
Mugabe is responding jointly with Justice Minister Patrick Chinamasa who, in papers filed earlier, told the court that he was forced to apply for a delay by the MDC formations and a request that came from the regional body SADC.
Mugabe also told the court that his coalition partners appeared before a SADC extraordinary summit instead of dealing with the issue back home. "As a high ranking public officer of this country, one would have expected him (Tsvangirai) to defend his country's courts. He, however, unequivocally did the opposite," Mugabe said.
Madhuku told SW Radio Africa that Thursday's hearing will be a straightforward one and will be 'dismissed' by the judges. "Any genuine lawyer will tell you that there is no basis for that kind of hearing. If there was any basis before the nomination court there will be no basis now after the nomination court and after the automatic dissolution of parliament."
He added: "I am sure the lawyers involved must be receiving huge sums of fees to be pursuing this matter after the dissolution of parliament."
However Matyszak said the Presidential Powers Temporary Measures Act cannot be used to amend the Electoral Act and that Zimbabwe will have a constitutional crisis either way. "We are going into the election with either an unconstitutional election date, or an unconstitutional Electoral Act and most likely both. Not a good start," Matyszak said.
Madhuku disagreed, saying the ConCourt will make a decision first on whether the regulations promulgated by the President were validly enacted and the "court will say they were validly enacted. And so there is no crisis."
In heads of arguments filed by his lawyers in the ConCourt this week, Mugabe is quoted as saying it is ironic that Tsvangirai is persisting with his legal challenge against the July 31st election date, even though he has submitted nomination papers to contest in the presidential polls on that day.
Mugabe argues that electoral procedures are at an advanced stage and that the rights and expectations of people who filed their nomination papers last Friday will be violated if elections are delayed.
The ConCourt will hear a number of election related urgent applications, including an appeal by Tsvangirai and MDC leader Welshman Ncube, who both want the ConCourt to extend the voting date from July 31st, to allow the implementation of reforms.
There are already conflicting opinions from legal experts on what is likely to be the outcome of Thursday's hearing. Constitutional expert Dr. Lovemore Madhuku believes the election extension case will be thrown out by the ConCourt, saying it has no basis in law, but another expert, Derek Matyszak, says either way there will be a constitutional crisis in Zimbabwe after the ruling.
The MDC leaders were caught off guard last month when Mugabe unilaterally declared the election date and used the Presidential Powers Act to bypass parliament to pass amendments to the Electoral law.
But in his heads of argument, filed by his lawyers on Tuesday, Mugabe says he used the presidential decree in order to meet the poll deadline that was set by the same court.
In a judgment delivered on May 31st by Chief Justice Godfrey Chidyausiku, representing the nine judge panel, the ConCourt said elections are due upon the dissolution of Parliament on June 29th and ordered that the polls must be held not later than the 31st July.
Hussein added: "The suggestion that he is required to consult with the applicant (Tsvangirai) is misplaced as the Presidential Powers Temporary Measures Act do not contain such a provision nor does the Eighth Schedule to the former Constitution."
Mugabe is responding jointly with Justice Minister Patrick Chinamasa who, in papers filed earlier, told the court that he was forced to apply for a delay by the MDC formations and a request that came from the regional body SADC.
Mugabe also told the court that his coalition partners appeared before a SADC extraordinary summit instead of dealing with the issue back home. "As a high ranking public officer of this country, one would have expected him (Tsvangirai) to defend his country's courts. He, however, unequivocally did the opposite," Mugabe said.
Madhuku told SW Radio Africa that Thursday's hearing will be a straightforward one and will be 'dismissed' by the judges. "Any genuine lawyer will tell you that there is no basis for that kind of hearing. If there was any basis before the nomination court there will be no basis now after the nomination court and after the automatic dissolution of parliament."
He added: "I am sure the lawyers involved must be receiving huge sums of fees to be pursuing this matter after the dissolution of parliament."
However Matyszak said the Presidential Powers Temporary Measures Act cannot be used to amend the Electoral Act and that Zimbabwe will have a constitutional crisis either way. "We are going into the election with either an unconstitutional election date, or an unconstitutional Electoral Act and most likely both. Not a good start," Matyszak said.
Madhuku disagreed, saying the ConCourt will make a decision first on whether the regulations promulgated by the President were validly enacted and the "court will say they were validly enacted. And so there is no crisis."
Source - SW Radio Africa
