The ruling was made by Chief Justice Godfrey Chidyausiku while handing down judgement in an application in which the applicant, Jealousy Mawire, was seeking an order compelling Mugabe to proclaim the election dates which he argued should not extend beyond 30 June 2013.
President Mugabe, Prime Minister Morgan Tsvangirai, Deputy Prime Minister, Arthur Mutambara, MDC President, Welshman Ncube and Attorney General, Johannes Tomana, were cited as the first, second, third, fourth and fifth respondents, respectively.
Chidyausiku said that although harmonised elections were due upon the dissolution of Parliament on 29 June 2013, the date was no longer feasible due to the failure by President Robert Mugabe’s “failure to issue a proclamation fixing the date for the harmonised elections timeously”.
Part of the ruling read: “It is declared that the failure by the first respondent to fix and proclaim date(s) for harmonised general elections to take place by 29 June 2013 is a violation of the first respondent’s constitutional duty towards the applicant to exercise his functions as a public officer in accordance with the law and to observe and uphold the rule of law in terms of Section 18 (1a) of the Constitution.”
Chidyausiku said that by failing to proclaim dates for elections, Mugabe violated the applicant’s right as a voter and his legitimate expectation of protection from the law entrenched in Section 18 (1) of the Constitution.
“Accordingly, the first respondent be and is hereby ordered and directed to proclaim as soon as possible a date(s) for the holding of Presidential election, general election and election for members of governing bodies of local authorities in terms of Section 58 (1) of the Constitution of Zimbabwe, which elections should take place by no later than 31 July 2013,” read the judgement.
The Constitutional Court ordered Mugabe to bear the costs of the suit.
Post published in: News