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Harare Bureau
MDC leader Professor Welshman Ncube yesterday filed a counter application to quash the proclamation by President Mugabe setting July 31 as the date for the watershed elections in compliance with the Constitutional Court of Zimbabwe ruling last month as the plot to delay the harmonised elections thickens.
Prof Ncube’s constitutional challenge follows a similar one by Prime Minister Morgan Tsvangirai on Monday seeking the same relief.
The latest development means that the nine-member judges panel will consolidate the two cases with the one filed by Justice and Legal Affairs Minister Patrick Chinamasa for a two-week extension of the 31 July deadline to 14 August into a single case.
Prof Ncube, who argues that the proclamation is inconsistent with the provisions of the Constitution of Zimbabwe, wants an order compelling President Mugabe to push the election date beyond 12 August, after Parliament has passed the electoral law.
“The harmonised elections shall be held on any date after the 12th of August 2013 and shall be held under and in terms of the Electoral Act duly passed by Parliament, which Electoral Act must enact all amendments contemplated by the new Constitution of Zimbabwe,” read part of the draft order.
“The Regulations made by the President in terms of the Presidential Powers (Temporary Measurers) Act are, to the extent that it is necessary to give effect to….declared to be invalid to the extent to which they are inconsistent with the relief set out…above.”
In his heads of argument, Prof Ncube said the counter application was necessitated by Minister Chinamasa, whom he accused of deliberately seeking to ensure that his application for a two-week extension of the deadline fails for lack of merit before the Constitutional bench.
“I have considered the application filed by applicant (Minister Chinamasa in the main case) and taken the view that it has been deliberately crafted in an insufficient way so as to ensure that it fails,” says Prof Ncube setting out issues, which he feels affect not only him but the parties to the application as well as the generality of the people of Zimbabwe.
“The time lines set by this court are impossible to comply with and do not at any rate take into account certain processes which must be met under the new constitution. The election can only be held on or after the 12th of August 2013,” says Prof Ncube.
He argues that the time lines should be considered from the voter registration adding that the State has an obligation to ensure that there is proper voter registration.
“In practical terms it means the 30 day period set out under the law must be given full effect,” he said.
“The issue however, goes beyond mere registration, the State must then comply with processes that are built upon such registration otherwise the fact of registration becomes abortive.”
On the nomination date, Prof Ncube argues that the 14-day period for the sitting of the Nomination Court should run from 12 July.
That, he said, would take the period to July 26.
“The poll day would therefore be fixed on a date computed from the 12th of July 2013 which takes one to at least the 9th of August 2013. The poll date cannot therefore be before the 9th of August 2013 if one goes by these time limits.”
Prof Ncube also argues that voting is done under the electoral law and not the President’s statutory instrument. In this case, he argues that when the Constitutional Court made its ruling it did not consider the statutory instrument that was promulgated after the court order.
Online Reporter