Justice Chiweshe however said that reasons for his ruling will be handed down on Monday.
Part of the ruling read: "It is ordered that the applicant be and is hereby excused from the performance of this honorable court granted on
2 October 2012 under case number HC11222/12."
Mugabe was ordered by the High Court to announce by-election dates in the three constituencies of Nkayi South, Bulilima East and Lupane East by March 31.
This followed an application by three former MDC legislators, Abednico Bhebhe, Njabuliso Mguni and Norman Mpofu who were dismissed from their party in 2009.
However, Mugabe filed two urgent chamber applications seeking an extension of the 31 March deadline to 29 June this year, when harmonised elections will be held saying the move made political and economic sense.
The deputy Attorney General, Advocate Prince Machaya, who stood for Mugabe Mugabe argued that it was no longer feasible to call for by-elections in the three Matabeleland constituencies as general elections were around the corner with Parliament set to be dissolved on 29 June.
Lawyer for the three former legislators, Advocate Thabani Mpofu had submitted in court that the lifespan of Parliament can be extended to
29 October hence the by-elections can be held before that period.
Justice Chiweshe said that if Parliament can be extended to 29 October, then it will be feasible for the by-elections to be held. He said that if the lifespan of Parliament cannot extend beyond 29 June, then the by elections will no longer be feasible.
Post published in: News