Chief Justice rules election date challenge case urgent

Harare Bureau
The Constitutional Court will next week hear the Government’s application seeking the extension of the election date from 31 July after Chief Justice Godfrey Chidyausiku yesterday ruled that the case is urgent. Justice and Legal Affairs Minister Patrick Chinamasa mounted the chamber application on behalf of the Government seeking the extension to August 14.

Harare lawyer Mr Fredrick Gijima of FG Gijima and Associates on Tuesday filed the constitutional application on behalf of Minister Chinamasa.
Mr Gijima told journalists after the hearing that Chief Justice Chidyausiku found urgency in the matter and ruled that it should be set down for hearing on a continuous court roll that starts on Wednesday next week together with several other constitutional cases related to elections.

“The Chief Justice granted our application,” he said. “He ruled that the application was urgent and he said it should be placed on a continuous court roll that starts on Wednesday to Friday next week.

“We were ordered to file all the relevant papers for the hearing by Monday. The court roll will have several other Constitutional applications related to elections.”

Advocate Thabani Mpofu, who was representing Professor Welshman Ncube said all the parties agreed to have the matter heard on an urgent basis.
“We simply agreed before the Chief Justice that the matter was urgent and he directed that the matter should be set down among other constitutional matter cases in a continuous court roll that starts from Wednesday to Friday next week,” said Adv Mpofu.

Adv Mpofu said he placed before the Chief Justice a complaint that Minister Chinamasa filed the application without consulting other political parties.

“We registered our concern that Minister Chinamasa filed the application on behalf of Government without consulting other members of the inclusive Government,” he said.

Mr Chris Mhike of Artherstone and Cook who appeared for Prime Minister Morgan Tsvangirai said the matter was indeed urgent although his client was never involved in the crafting and filing of the application.

“We agree that the matter is urgent and it is of national interest, but we registered our displeasure that Minister Chinamasa could have involved others in the drafting and filing of the application,” he said.

“We wanted him to withdraw the application and file another one in consultation with other members of the inclusive Government, but his lawyer refused.”

Mr Gijima said he was a professional lawyer who was not privy to some political discussions on the application.
“I do not listen to some political discussions that I have not been officially briefed,” he said. “I am going ahead with the application.”

President Mugabe, in compliance with a court order of May 31, proclaimed July 31 as the date for the harmonised elections, but Sadc urged Government to approach the same court seeking an extension of the dates to August 14 to accommodate any agreed reforms.
Sadc said whatever outcome of the court should bind all parties going into the elections.

Meanwhile, Chief Justice Chidyausiku also ruled yesterday that an application by the Zimbabwe Development Party, which is led by Mr Kisinoti Mukwazhe, for Government to avail campaign funds to the party be heard on urgency basis next week.

ZDP claimed its right to participate in an election was being infringed by refusal by Government to fund its campaigns.
Mr Mukwazhe argued that other bigger political parties were benefiting from the funding from the fiscus when his party was being denied the same.

He argued that he participated in the 2008 harmonised elections, but Government this year has refused to fund smaller parties like his.
Mr Mukwazhe said the bigger parties were having an unfair advantage in preparing for the election.

He said his party required up to US$1,5 million to prepare for this year’s election.