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and urged the court to extend the poll date from July 31 to August 14 this year.
In the heads of argument filed by Government lawyer Mr Fredrick Gijima of Gijima and Partners law firm today, Minister Chinamasa urged the Constitutional Court to invoke its powers to extend the date in line with a request by Sadc.
Mr Gijima filed the heads of argument this morning ahead of the court hearing on Wednesday.Minister Chinamasa’s case is set to be heard together with five other election-related matters.
Chief Justice Godfrey Chidyausiku gave the parties involved in the six cases up to today to file their heads of argument.
By 11am today, only Minister Chinamasa had filed his papers in the main case while in another case, Ms Maria Phiri and Mr Jealousy Mawarire had filed their heads of argument.
In the heads of argument, Minister Chinamasa said the court should determine how the case would go bearing in mind that the May 31 order had already been complied with.
“This honourable court is now the highest court in the land and is urged to apply the same reasoning and invoke its powers of inherent jurisdiction to determine whether or not paragraph 4 of the order it issued under judgment Number CCZ1/13 should be extended from July 31 to August 14 2013.
“Being the highest court in the land, this Honourable Court has inherent discretional powers to interfere with its own orders and judgments and further give directions as to how certain related matters should then be dealt with.
“This Honourable Court is being called upon to exercise its discretion and interfere with its own order in judgment CCZ1/13 specifically paragraph 4 by deleting July 31 2013 and substituting same with 14 August 2013,” read part of the heads of argument.
Minister Chinamasa insists that the President had fully complied with a court order of May 31 this year and that he had much respect for that ruling.
“Pursuant and in compliance with this order (May 31), His Excellency the President of the Republic of Zimbabwe Cde Robert Gabriel Mugabe, on June 13 2013 issued Proclamation 2 of 2013 under Statutory Instrument 86 of 2013 whereat paragraph (d) thereof he fixed ‘Wednesday the 31st July 2013 as the day of the election of President, the election of members of the National Assembly and the election of councillors…”
Nomination Court date has already been declared as June 28.
Minister Chinamasa contends that Prime Minister Tsvangirai and Professor Welshman Ncube had misgivings with the court order and the manner in which President Mugabe had proclaimed the election date and lobbied Sadc to intervene and set aside the consequences of the court order.
On June 15 Sadc summit in Maputo urged the Government of Zimbabwe, through Minister Chinamasa, to approach the Constitutional Court seeking extension of the election date to a date beyond July 31.
Online Reporter