NCA takes Mugabe, ZEC to court over referendum

The National Constitutional Assembly has filed an urgent application at the High Court in a bid to stop the Zimbabwe Electoral Commission from proceeding with the referendum on a draft constitution, The Zimbabwean has learnt.

Principals to the Global Political Agreement and the Parliament Select Committee on the Constitution have set 16 March for the holding of the referendum, but NCA has been opposing a hurried plebiscite.

Human rights lawyer Alec Muchadehama of Mbidzo, Muchadehama and Makoni Legal Practitioners and a member of the Zimbabwe Lawyers for Human Rights, filed the application on Tuesday on behalf of the NCA.

NCA Chairperson, Lovemore Madhuku, wants the date of the referendum, proclaimed on 15 February under Statutory Instrument Number 19/2013, to be declared unlawful and ultra vires Section 3 of the Referendum Act, Chapter 2:10.

The NCA also wants the High Court to set aside the proclamation issued by President Robert Mugabe gazetting 16 March 2013 as the date for the referendum.

The application cites ZEC, President Robert Mugabe and Justice and Legal Affairs Minister, Patrick Chinamasa as well as the Director in the Attorney General’s Civil Division as respondents.

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  1. Betty Ashton

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