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He was expected to rule on the three preliminary points raised by lawyers representing three ex-legislators who obtained a Supreme Court order against the President.
After the presentation of the merits, Justice Chiweshe will give a judgment covering both the merits and the preliminary points.
Zimbabwe Lawyers for Human Rights — represented by Mr Tawanda Zhuwarara and Mr Jeremiah Bhamu — appeared for the ex-MPs Mr Abednico Bhebhe (Nkayi South), Mr Norman Mpofu (Bulilima East) and Mr Njabuliso Mguni (Lupane East).
Ms Fortune Chimbaru from the Attorney-General’s Office and Advocate Ray Goba are acting for the President.
The three ex-legislators were dismissed from MDC and subsequently lost their parliamentary seats.
After the dismissal, they declared an interest to contest in their respective constituencies as independent candidates in by-elections before suing the President for failure to publish dates for the polls.
The High Court sitting in Bulawayo granted the trio’s application and ordered the President to publish the by-election dates in the Gazette within 14 days.
The President’s lawyers contested the judgment at the Supreme Court.
The Supreme Court dismissed the President’s appeal and ordered him to publish the dates by August 31 this year.
President Mugabe, through his lawyers, successfully sought extension of the deadline to yesterday.
He is now seeking further extension to March 31 next year, arguing that he intends to call for harmonised elections during that week.
Last week, the ZLHR raised the three objections, chief among them being that the matter was not urgent and that it should be dismissed.
The lawyers argued that it was not legally correct for Justice and Legal Affairs Minister Patrick Chinamasa to depose an affidavit on behalf of the President without producing proof of authority to do so.
It was also argued that the AG’s Office, being lawyers for the President, could have sought a lawyer outside its office to certify urgency in the matter.
On that basis, the lawyers sought the dismissal of the case before hearing the merit.
After the postponement of the hearing to today, Adv Goba briefed journalists on what happened inside Justice Chiweshe’s chambers.
“The judge did not rule on the merits. He decided that he should hear arguments on the merits and he rules at once,” said Adv Goba.
“The judge asked the respondents (ex-legislators) to formally file their opposing papers before the hearing tomorrow.”
Adv Goba said Justice Chiweshe expressed concern over the notion of the trio challenging the propriety of Minister Chinamasa deposing an affidavit on behalf of the President after the same had been accepted both at the High Court in Bulawayo and at the Supreme Court.
Mr Zhuwarara confirmed the decision by the judge to hear the merits before determining the preliminary objections.
“The judge did not make any ruling today. He asked us to address him on the merits at 10am tomorrow morning,” he said.
leeroy
Online Reporter