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Dr Magaisa joined the PM’s office as an advisor under controversial circumstances last year November.
His critics within the MDC-T have, however, been quick to attack him saying he was failing to advise Mr Tsvangirai on legal matters.
“He came as someone well versed in legal matters and was directed to ramp up the PM’s waning political fortunes but ever since he came on board nothing has changed.
“In fact the PM’s political fortunes are getting dim by the day and this latest case will further embarrass the PM,” a source in the MDC-T executive said yesterday.
In his judgement Justice Chiweshe said PM Tsvangirai “has no role to play” in the by-elections case.
President Mugabe was last year ordered by the High Court to set by-election dates for three constituencies-Nkayi South, Bulilima East and Lupane East-by March 31 this year.
The three former MDC parliamentarians, Abednico Bhebhe, Njabuliso Mguni and Norman Mpofu were former legislators for the constituencies and were expelled by the Professor Welshman Ncube led party.
President Mugabe made two urgent chamber applications seeking the extension of the by-election deadline from March 31 to June 29.
Political commentator Mr Gabriel Chaibva said lawyers were out to make money through the PM’s office.
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“For some of us who are familiar with the goings on in the PM’s office will tell you its big business for the lawyers.
“They are getting paid from donor funds at rates even four times higher than the prescribed rates so they now solicit for work from his office through his so-called advisor (Dr Magaisa),” he said.
Mr Chaibva said Dr Magaisa had a moral obligation to advise Mr Tsvangirai on his chances of success in legal cases.
“It is the moral responsibility for a lawyer to advise his clients on their chances of winning but as we have said, the PM’s office offers a chance for big business so you would not expect that to happen,” he added.
Mr Chaibva said it was clear that the prerogative to proclaim the election dates was the responsibility of President Mugabe as required by the constitution.
Another commentator, Mr Goodwine Mureriwa, said Dr Magaisa and some of the legal advisors were out to please their master.
“The law is the law and there is no room for politics but obviously his advisors want to please and confer him (PM Tsvangirai) with the powers that he does not have,” he said
“The President has the executive authority to proclaim the dates for the elections and there is not much to read from the so-called ‘consultations’ that some would like to talk about and one would have hoped that his advisor would have made it clear to the PM.”
A lecturer at the Midlands State University who declined to be named, said the judgment by Justice Chiweshe exposed the paucity of the legal advice being offered to Mr Tsvangirai.
“Justice Chiweshe summed it when he said even if there were consultations, the PM had no role to play in the by-elections.
“I think Dr Magaisa should have seen that and advised the Prime Minister accordingly.
“Maybe this was just a political decision to gain relevance and it has backfired on them spectacularly,” the lecturer said.
MDC-T spokesperson Mr Douglas Mwonzora, however, denied the accusations.
“The MDC-T has some of the best lawyers in the land and the PM is properly advised.
“At the time the PM sought to intervene, the President through the Attorney General’s office in their papers were talking of harmonised elections and the PM said if that was the case then he should be involved.
“Advocate Prince Machaya then amended the papers saying the President was no longer going to talk about harmonised elections and the PM then withdrew his application.
“It was on the understanding that if its about the by-elections then the Prime Minister would not be involved but if it is about harmonised elections then the Prime Minister would be involved as per the requirements of the GPA,” Mr Mwonzora said.
Online Reporter