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Harare Bureau
Government yesterday filed an urgent chamber application to have the constitutional case it filed on Tuesday for the extension of the election date from July 31 to be heard on an urgent basis and the Constitutional Court will today hear arguments on the fresh application.
Justice and Legal Affairs Minister, through the lawyer for Government Mr Fred Gijima of FG Gijima and Associates, yesterday filed the urgent chamber application seeking the order allowing the matter to be treated urgently.
President Mugabe, in compliance with a court order of 31 May, declared 31 July as the date for the general election, but Sadc urged Government to approach the same court seeking extension of the dates to August 14 after the MDC formations lobbied for the extension.
Sadc urged Government to seek the extension of the election date and if the court finds merit in the application, it will be granted. If the Constitutional Court is not convinced by the application, it will fail.
In an affidavit supporting the application, Minister Chinamasa stated that the matter was urgent and it should be immediately dealt with to ensure clarity as 31 July was fast approaching.
“The normal time periods for hearing such a court application could result in the matter failing to be heard before either 31 July, 2013 or 14 August, 2013,” reads part of the affidavit.
“Further, this honourable court will be on vacation during the month of August. It will be in the interest of all the parties and certainly for the sake of clarity and certainty, to have this Honourable Court sit on an urgent basis to entertain this matter.
“If the matter is not heard on an urgent basis, the request made in the main application may be overtaken by events and this would not be to the benefit of the parties. In particular, it is clearly in the interest of the nation that the election is held in an environment of legal clarity, free from unnecessary legal contestation.”
The Sadc summit sitting in Maputo on Saturday urged the inclusive-Government to approach the court to ask for time beyond 31 July.
Minister Chinamasa, in the main application emphasised that President Mugabe had much respect for the Constitutional Court of Zimbabwe’s judgement and had already complied with it by fixing the election date on July 31.
He said pressure from MDC formations and other political parties in Zimbabwe culminated in Sadc urging Government to seek an extension of the poll date.
Mr Jealousy Mawarire of the Centre for Elections and Democracy (who obtained the order for the 31 July deadline), Prime Minister Morgan Tsvangirai, Deputy Prime Minister Arthur Mutambara, MDC leader Professor Welshman Ncube and the Attorney-General were cited as respondents in the application.
Minister Chinamasa said he was specifically directed by the Sadc summit to make an urgent application for the extension of the election date.
In compliance with the court order, he said, President Mugabe promulgated the Presidential Powers (Temporary Measures Amendment of Electoral Act) Regulations 2013, which align the Electoral Act with the new Constitution and the regulations were published in the Gazette on the 12th of June.
President Mugabe fixed July 31 as the elections date, with the Nomination Court sitting on 28 June in a proclamation issued on 13 June in terms of Statutory Instrument 86/2013.
Minister Chinamasa said PM Tsvangirai and Prof Ncube had some misgivings about the order of the Constitutional Court and lobbied Sadc, inviting the regional body to intervene and set aside the court order.
Meanwhile, Chief Justice Chidyausiku is today expected to hear an urgent chamber application to have another constitutional application by the Zimbabwe Development Party seeking an order for Government to fund its election campaign.
ZDP leader Mr Kisinoti Mukwazhi said his party required up to $1,5 million to prepare for the general election.
Bongani Ndlovu