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NCA and its leader Professor Lovemore Madhuku contested the decision by President Mugabe to set the referendum dates for March arguing that it was too soon and it denied citizens time to study and appreciate the craft Constitution.
Prof Madhuku and his organisation argued that the President acted arbitrarily, irrationally and grossly unreasonably.
Justice Chiweshe ruled that the President had wide and unfettered discretion in setting up the referendum dates and that no court of law had the powers to review or scrutinise his decision in that respect.
“I am convinced that the powers given to the first respondent (President) by Section 3 of the Referendums Act, being wide, discretionary and unfettered, fall into the category of those powers envisaged under Section 31 k (1) of the Constitution of Zimbabwe.
“The first respondent is required or permitted to act on his own deliberate judgment.
“That being the case, I conclude that the conduct of the first respondent, in setting the date of the referendum and the time within which voters may cast their vote, is not subject to review by a court,” ruled Justice Chiweshe.
Online Reporter