Chief Justice castigates lawyer

Chief Justice, Godfrey Chidyausiku castigated legal practitioner, Advocate Thabani Mpofu, for making false presentations before the Constitutional Court.

Chidyausiku
Chidyausiku

Mpofu was appearing before the court on behalf of a Bulawayo woman, Maria Phiri (53.

According to the Constitutional Court, Phiri's argument was that she is being denied the right to vote because she is not registered as she is considered to be alien.

Phiri's application cites President Robert Mugabe, Prime Minister, Morgan Tsvangirai, Deputy Prime Minister, Arthur Mutambara, MDC leader Welshman Ncube and the Attorney-General, Johannes Tomana.

The Executive Director of the Centre for Elections and Democracy in Southern Africa, Jealousy Mawarire whose application for an order to compel Mugabe to proclaim election dates by July 31 was granted by the Constitutional Court is cited as a respondent as well.

However, in his submission, Mpofu said her client was arguing that holding elections on July 31 was inconsistent with the need to reform laws such as the Electoral Act and other reforms before polls are held.

Mpofu submitted that his client is seeking an extension of the election dates to a date after August 12.

This drew the ire of the Chief Justice who castigated Mpofu for making false presentations.

"That is unbecoming for legal practitioners to conduct themselves in that manner. We expect you to be honest and not to be tricksters. We have spent a lot of time preparing for these cases and now you come here and you change your case.

"Initially, you said your client is being denied the right to vote because she is not registered and all of a sudden, you change gears and bring in a totally different issue," fumed Chidyausiku.

The case was postponed indefinitely to give respondents time to acquit themselves with the new submissions from the applicant.

Meanwhile, the case in which civil society activist Nixon Nyikadzino, is seeking an order compelling Mugabe to proclaim an election date after progress has been made in key processes necessary for the holding of free and fair elections was postponed indefinitely as well.

In another case, the leader of the Zimbabwe Development Party, Kisnot Mukwazhe, had his appeal compelling the government to fund his party to the tune of $1,5 million dismissed by the Constitutional Court.

The court ruled that the ZDP does not meet the set criteria under the Political Parties Finance Act which stipulates that a political party should have participated in elections and that it should achieve at least 5 percent Parliamentary representation among other requirements

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