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Judge President George Chiweshe yesterday extended the dates for by-elections in three vacant constituencies in Matabeleland to March next year.
President Mugabe was expected to publish the election dates for Nkayi South, Lupane East and Bulilima East by 1 October, but his lawyer Advocate Ray Goba successfully obtained an order for the extension.
Justice Chiweshe heard the arguments on the merits of the case and ruled in favour of the Head of State and Government and the Commander-in-Chief of the Zimbabwe Defence Forces.
“The period within which to comply with the order granted in case Number SC267/11 is hereby further extended to March 31 2013.“There will be no order as to costs,” ruled Justice Chiweshe.
The Judge President said he would give the detailed reasons for the order in due course.
President Mugabe wants the harmonised elections held at the end of March 2013 instead of holding by-elections in the three constituencies only.
The by-elections were set to fill vacancies left by ex-legislators Abednico Bhebhe (Nkayi South), Norman Mpofu (Bulilima East) and Njabuliso Mguni (Lupane East) who were dismissed from the smaller MDC faction in 2010.
The President cited lack of financial resources to conduct the by-elections and urged the court to extend the order to call for the by-elections so that they can be held next year when the country holds harmonised elections.
Last year, the High Court in Bulawayo ordered the President to publish the by-election dates within 14 days.
The President appealed to the Supreme Court and Chief Justice Godfrey Chidyausiku upheld the High Court decision.
He gave the President up to 31 August this year to publish the by-election dates.
Before 31 August, the President successfully got an order for the extension of the deadline to 1 October.
Last week, the President’s lawyers filed a fresh application to extend the deadline to 31 March.
After the arguments, Adv Goba said President Mugabe was ready to comply with the order of the Supreme Court, but due to the economic challenges facing the country, he was seeking the extension.
“The President has respect for the courts. The fact that he sought postponement before the deadline shows an element of respect for the law,” he said.
“My client accepts the substance of the Supreme Court order, but his predicament is in regards to time limits.”
The three ex-legislators’ lawyer, Mr Tawanda Zhuwarara, said the Government was pleading poverty when there was a court order.
Government, Mr Zhuwarara said, was a creature of statute and it should comply with the law.
Online Reporter