High Court dismisses NCA referendum date application

The NCA has however declared that it will be challenging the ruling at the Supreme Court.

Chiweshe argued that the High Court had no jurisdiction to review the date for the referendum as that power rested with the President, who recently declared 16 March as the date for the plebiscite, in accordance with the Referendums Act.

The NCA had cited President Robert Mugabe as the first respondent in its application where it said the 16 March date was too close for the electorate to adequately familiarise itself with its contents.

In his ruling, Chiweshe said: “I am convinced that the powers given to the first respondent [President] by Section 3 of the Referendums Act, being wide, discretionary and unfettered, fall into the category of those powers under Section 31, wherein the first respondent [President] is required to act on his own deliberate judgement.

He added: “That being the case, I conclude that the content of the first respondent [President], in setting the date of the referendum and the time within which voters may cast their vote, is not subject to review by a court.’’

The NCA, however, immediately dismissed Chiweshe’s ruling “with contempt”, in a statement issued after the judgement.

“What the Judge President is implying is that no court in Zimbabwe can question the President over anything he does or declares,” said the NCA.

“The NCA is dismayed and disgusted at this wanton abuse of the courts by the Judge President, himself infamous for presiding over the ZEC (Zimbabwe Electoral Commission) which in 2008 withheld election results for a record 5 weeks,” it added.

The constitutional watchdog accused Chiweshe of failing to consider the merits and demerits of its case, “choosing instead to protect the President, a public servant, from scrutiny from members of the public on his actions which affect the same public”.

The NCA said Chiweshe’s ruling confirmed that the President, under existing laws, had too much executive power.

“The precedence being set by this scandalous judgement is that a sitting president cannot be questioned on any issue whatsoever, for as long as they are acting in their capacity as president. He is above the law, and all other citizens and institutions of the state, including courts,” read the statement.

“The NCA will be lodging an appeal on this judgement with the Supreme Court,” declared the watchdog which is gunning for a “No” vote against the referendum.