Judge President George Chiweshe today rendered invalid the application after submissions from the Attorney General’s office, represented by Prince Machaya, highlighted that the case should be confined to by- elections and not harmonised elections.
In his application, Tsvangirai argued that President Robert Mugabe did not consult the other principles in the GNU, as stated in the GPA, when he came up with June 29 as the date by which harmonised elections should be held.
According to court papers filed by Tsvangirai through his lawyer, Mr Chris Mhike of Atherstone and Cook, Mugabe was supposed to consult and involve all principals in the GNU, including Finance Minister Tendai Biti and the Zimbabwe Electoral Commission to be part of the application considering that without them, the application remained speculative.
Chiweshe, however postponed to tomorrow the ruling for the case in which three former MDC MPs, Abednico Bhebhe, Njabuliso Mguni and Norman Mpofu are seeking a high court order compelling President Mugabe to pronounce dates for holding by elections in three vacant constituencies of Nkayi South, Bulilima East and Lupane East.
This came after the three former MPs’ lawyer, Thabani Mpofu submitted that contrary to President Robert Mugabe’s assertion that parliament will be dissolved on 29 June 2013, the constitution had a provision that allows for an extension of the term of parliament to 29 October 2013.
Judge President Chiweshe deferred the ruling and said he will hear the submissions tomorrow.
“If it is possible to extend the parliament’s term of office after it has expired for a further four month period, then President Mugabe should call for by election dates,” said Chiweshe.
President Mugabe was last year ordered to set by-election dates for Nkayi South, Bulilima East and Lupane East by March 31, following an application by the three former MDC legislators for by elections in the said constituencies.
Post published in: News