In his judgment, Chiweshe, who delayed the announcement of the March 2008 first round of the presidential poll for about a month when he was the head of the Zimbabwe Electoral Commission, ruled that the period within which the by-elections would be held “is hereby further extended to the 31st day of March 2013”.
The Supreme Court recently ruled that Mugabe must order the holding of by-elections in Nkayi South, Bulilima East and Lupane East constituencies which fell vacant in 2009.
Vacancies in the three constituencies emerged after the MDC expelled legislators Abednico Bhebhe, Njabuliso Mguni and Norman Mpofu.
Advocate Tawanda Zhuwarara told The Zimbabwean that “the court erred in allowing the state to plead its poverty and escape its constitutional obligation.”
“No state has ever done so and we are currently consulting with our clients to map the way forward. We are not ruling out appealing at the Supreme Court. The judge did not give us reasons for his ruling,” said Zhuwarara.
President Mugabe recently announced that general elections would be held in March 2013, the same time he wants the three by-elections to be conducted.
If the general elections are held then, the by-elections would become a nullity, meaning that the latest High Court ruling has the effect of voiding the polls in vacant constituencies.
Post published in: News