adminDaniel Nemukuyu Senior Reporter
THE Constitutional Court of Zimbabwe is from next Wednesday expected to hear six election-related cases, whose outcomes would determine when and how the this year’s harmonised elections will be conducted. Topping the list is the matter in which Justice and Legal Affairs Minister Patrick Chinamasa, on behalf of Government, is seeking an extension of the election date from 31 July to 14 August.
President Mugabe, in compliance with a judgment of the Constitutional Court delivered on 31 May this year, proclaimed 31 July as the election date and 28 June as the date when the nomination court will sit.
The Head of State and Government and Commander -in- Chief of the Zimbabwe Defence Forces also invoked the Presidential Powers (Temporary Measures of Amendment Act) Regulations 2013 to align the Electoral Act to the new Constitution.
The MDC formations, who were not comfortable with the election date and the court ruling, lobbied Sadc to intervene.
On Saturday, last week the Sadc summit in Maputo urged the Government, through Minister Chinamasa, to seek extension of the election dates.
Minister Chinamasa on Tuesday filed the constitutional application. He also successfully applied that the same case be heard on an urgent basis.
Chief Justice Godfrey Chidyausiku directed the registry to set the matter down for hearing on Wednesday together with five other related cases.
The Constitutional Court will hear an application by businessman Mr Mutumwa Mawere in which he is seeking an order compelling the registrar general Tobaiwa Mudede to give him identity documents and a Zimbabwean passport to enable him to vote in the forthcoming election.
The South Africa-based Zimbabwean business mogul made an application to the Constitutional Court to stop the Zimbabwe Electoral Commission from conducting the voter registration exercise until 31the issue of the citizenship status of Zimbabwean-born persons who are holders of foreign citizenship by registration is clarified.
He claims he was denied a national identity card and passport by Registrar-General Tobaiwa Mudede, which he says was tantamount to denying him a right to vote in the forthcoming election.
Mr Mawere said he was turned down on the basis that dual citizenship was outlawed in Zimbabwe under the old Constitution.
In the court application, Mr Mawere claims the new Constitution signed into law by President Mugabe last month provides for dual citizenship by descent.
He claims the RG had frustrated his efforts to assert his citizenship on the basis of an “erroneous interpretation and application of the law”.
Another Zimbabwean based in South Africa Mr Tavengwa Bukaibenyu is seeking an order allowing all Zimbabweans in Diaspora to participate in the election the same way some diplomats and Government officials based in foreign countries do.
He claims to be a registered voter in Mabvuku and wants the Constitutional Court to declare as unconstitutional sections of the Electoral Act that denies foreign-based Zimbabweans the vote.
Mr Bukaibenyu argues that the Constitution allows everyone to vote but the Electoral Act bars those who are not staying in their constituencies from participating in an election.
He argues that the section of the Electoral Act which only allows Government officials and diplomats to participate in postal voting and denying other foreign-based nationals was discriminatory and should be struck down.
The same court is expected to hear cases emanating from the MDC-T’s Strategic Election Litigation, the first of which involves a Bulawayo woman Ms Maria Phiri who seeks an extension of the election date to a date after 12 August.
Ms Phiri argues that proclamation of the nomination date and polling date must allow for a 30-day intensive voter registration period, which constitutionally began on 23 May the day after the publication of the new Constitution.
The woman — who until the new Constitution was regarded as an alien and unable to vote — also argues that former aliens have to acquire identity cards first and, therefore, cannot be able to immediately benefit in the 30-day voter registration exercise.
As such, she argues, polls could only be held after 12 August.
The court is also set to hear an application by the Zimbabwe Development Party which wants to get funding for elections from the treasury.
Mr Kisinoti Mukwazhe, ZDP leader says his party required $1, 5 million but it was being denied funding on the basis that it did not garner five percent of the House of Assembly seats as stipulated by the Political Parties Finance Act.
He argues that the decision infringed the party’s right to participate in the elections and it gives bigger parties an unfair advantage over smaller ones.
The other case involves Mr Nixon Nyikadzino who is also seeking an extension of the election date.
He says that given the short time that is left, elections cannot be held on 31 July without infringing on his rights.
Mr Nyikadzino argues that the time left is not enough to complete all the processes required for elections to be held by 31 July and that his right to a free and fair election would be infringed.
Online Reporter