Advocate Justine Chiota brought the matter before the full bench citing the Zimbabwe Electoral Commission (ZEC) and the three principals to a SADC negotiated power sharing agreement — President Mugabe, Morgan Tsvangirai and Arthur Mutambara as respondents.
Tsvangirai and Mutambara have not opposed the matter while the ZEC and Mugabe want the application to be dismissed.
Advocate Chiota says in court papers he was unconstitutionally barred by the Nomination Court to contest the first round of elections on March 29 last year and as such, the June 27 run-off and its outcome must be erased. Chiota also argues that ongoing power sharing talks between Mugabe and his opposition rivals are unconstitutional.
President Mugabe’s lawyer Advocate Archibold Gijima protested at the citing of his client in his personal capacity, saying as a sitting head of state he should be cited in his official capacity.
The person cited is the sitting president. There is an issue that he should be cited in his official capacity. If one looks at the order sought, it seeks to rubbish everything that the head of state has done and is doing," Gijima said.
The Supreme Court postponed hearing the arguments for two weeks after Chiota indicated he intends to bring senior lawyers from South Africa.
Mugabe was sworn-in after Tsvangirai, who won the first round of voting but fell short of getting an outright majority, pulled out of the run-off citing violence against his supporters.
The two political rivals have failed to reach an agreement over the formation of a unity government due to bickering over cabinet posts. – NEWZIMBABWE.COM