Judge reserves ruling on Tsvangirai's case against Mugabe

Tsvangirai formed a unity government with Mugabe in February 2009 after violent elections in June 2008 went to court to seek a ruling that makes Mugabe’s “unilateral” appointment of governors null and void.

The two principals in the shaky inclusive government continue to hold meetings every Mondays before cabinet meetings on Tuesday.

Mugabe’s lawyer, Terrence Hussein, told the High court in his submissions that for Tsvangirai to sue Mugabe, the premier must apply to the High Court for the higher court to decide whether the case has merits.

“His Excellency (Mugabe) is the commander of the defence forces and directs the fate of the country. He cannot be distracted by willy-nilly applications like this one,” Hussein said adding that the premier’s case is frivolous.

But Tsvangirai’s lawyer, Advocate Tabani Mpofu, said his client’s case was properly before the courts.

Tsvangirai’s Movement for Democratic Change has complained to the facilitator South African President Jacob Zuma that Mugabe has been flouting the constitution and that several agreed issues in the Global Political Agreement (GPA) are yet to be implemented.

Mugabe has said the appointment of provincial governors was his prerogative and that he does not need to consult with anyone.

He also said he will not implement some issues that are agreed until the United States and Europe remove targeted sanctions on himself, his wife and senior Zanu (PF) officials.