I’m not party to Ncube’s application: President

him as a party in his counter-application which is before the Constitutional Court.

“The sixth respondent (President Mugabe) did not consent and does not consent to his joinder as it is improper,” he said.

“The sixth respondent noted and accepted the decision of this Honourable Court on Mawarire and it would be contrary to his oath of office and the Constitution of Zimbabwe to participate in proceedings that have the effect of now questioning that judgment.”

The Zaka-registered voter Mr Jealousy Mawarire was recently granted an order after approaching the court to compel President Mugabe to proclaim an election date by June 29.
President Mugabe proceeded to proclaim the election date for July 31 after the court ordered him to call for and hold the elections on or before that date.

“Like he did in respect of the Mawarire judgment, the sixth respondent (President Mugabe) will accept and be bound by any decision this honourable court is likely to make in this matter,” he said.

“As the sixth respondent has been unnecessarily drawn into these proceedings by the fourth respondent (Prof Ncube) an order of costs against him in respect of the sixth respondent would be most appropriate.”

Minister Chinamasa, who is cited as the first respondent, said in his papers that he did not associate himself with the arguments proffered by Prof Ncube in his counter application seeking the extension of the election date.

“If anything, it is the respondent (Prof Ncube) who seeks to breach the rights of citizens of Zimbabwe by seeking to indefinitely postpone the holding of free and fair and regular elections and allowing the citizens of Zimbabwe to make their political choices freely,” said Minister Chinamasa.

“The Nomination Court sat on Friday 28 June 2013, a date which is on the calendar and the respondent together with every other Zimbabwean citizen who so wished to stand in the harmonised elections scheduled for 31 July 2013 submitted nomination papers to stand for election for public office.”
Minister Chinamasa said there was a magnitude of difference in the approach taken by Prof Ncube in the main application and the counter application.

“In the main application the applicant sought to urge the court to use its inherent discretional powers and interfere with its own judgment, not on the basis that it infringes on the political rights of citizens of Zimbabwe, but on the basis that a political grouping of regional leaders called Sadc requested him to approach this court,” he said.

“The present counter application approaches this court from a different angle altogether on the basis of the enforcement of his fundamental human rights and freedoms as set out in S85(1)(a) and (d) of the new Constitution in that his political rights and those of the citizens of Zimbabwe have been infringed by the Mawarire judgment.

“The first respondent does not agree with this line of argument at all.”
Minister Chinamasa said he did not agree with Prof Ncube that the date by which the harmonised elections could be held was only after August 12.

He said Prof Ncube contradicted himself when in the main application he wanted the elections to be specifically held on August 14, yet in the counter application he did not give a specific date.

Mr Mawarire also distanced himself from Prof Ncube’s counter application, saying the court could not be influenced by a mere decision taken by Sadc.