By-elections: Govt’s poor financial state swayed judge’s decision

Justice Chiweshe said the Government’s position that it did not have the requisite funds was never challenged, leaving him with no option but to grant the application.
Justice Chiweshe made the ruling in a case in which President Mugabe was seeking the extension of the period in which he should comply with a court order to gazette the dates and conduct by-elections in three Matabeleland House of Assembly constituencies.
Abednico Bhebhe, Njabuliso Mguni and Norman Mpofu obtained a Supreme Court order directing President Mugabe to proclaim the by-election date for Lupane East, Nkayi South and Bulilima East by August 31 this year.
President Mugabe successfully extended the deadline to October 1 before lodging another application to have the by-election held together with the harmonised election in March next year to cut costs.
Justice Chiweshe ruled in favour of the President two weeks ago, but did not immediately release the reasons for the judgment.
But he justified his decision in the full judgment released on Wednesday.
“It stands to reason that without resources, the by-elections cannot be held notwithstanding any order of this court to the contrary,” said Justice Chiweshe.
“This court is not in a position to reject the applicant’s explanation that he does not have the resources needed to perform as ordered.
“The respondents have not even suggested that the applicant is acting dishonestly when he pleads lack of resources, or put differently, impossibility of performance by virtue of that reason.”
Justice Chiweshe also ruled that Justice and Legal Affairs Minister Patrick Chinamasa had powers to depose an affidavit on behalf of the President and to outline the logistical and financial challenges facing Zimbabwe and the Zimbabwe Electoral Commission in separately conduction the by-elections.
“The Minister of Justice and Legal Affairs is the one charged with the administration of the electoral laws of the country. Further, he is answerable to the Cabinet and applicant (President),” he said.
“By virtue of his position, I would hold that he has authority to speak on behalf of the applicant (President) and for purposes of this application, on behalf of Zimbabwe Electoral Commission as well . . . ”
Justice Chiweshe found urgency in the application and that it was undoubtedly a matter of national importance.
His judgment means that harmonised elections would be held in March next year as sought by President Mugabe. Political parties are already gearing for the elections following the judgment, with the election dates expected to be proclaimed in due course.