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Phiri of Bulawayo and Mr Nixon Nyikadzino of the Crisis in Zimbabwe Coalition. The four’s applications were consolidated as they seek the same order for the extension of election dates beyond July 31 and will be treated as one for the purposes of expedience. Justice and Legal Affairs Minister Patrick Chinamasa had initially filed an application to extend the election date to August 14 at the behest of a Sadc extraordinary summit in Maputo which requested that he does so on behalf of the Government.
In the application, Minister Chinamasa clearly said he was acting on the instructions of Sadc.
But Mr Tsvangirai and Prof Ncube responded with counter applications, telling the court that they considered Minister Chinamasa’s case to be weak.
They both brought divergent views to the courts, with Mr Tsvangirai wanting the elections to be postponed indefinitely, insisting that he wanted some reforms to be carried out first.
He also wanted Statutory Instrument 86 of 2013 which proclaimed the election date to be annulled together with Statutory Instrument 85 of 2013 which amended the Electoral Act.
On the other hand, Prof Ncube wanted elections to be held on any date after August 12, but did not say exactly on what date he wanted them held.
He also sought the annulment of the two Statutory Instruments.
Ms Phiri approached the court arguing that she was being considered an alien, but lost her case after it was proved by the Registrar General’s Office that she actually a Zimbabwean citizen.
She then changed her case and argued that the election date should be extended, a similar order sought by Mr Tsvangirai and Prof Ncube.
Mr Nyikadzino approached the court seeking an order for those in Diaspora to be allowed to vote, but lost his case.
He then turned around and sought an order to extend the elections.
The Constitutional Court then agreed that the cases of Mr Tsvangirai, Prof Ncube, Ms Phiri and Mr Nyikadzino seeking the extension of the poll date be consolidated.
As a result of the four applications which have now become one case, Minister Chinamasa’s initial application seeking an extension was “swallowed up” since he was cited as a respondent on the consolidated cases.
Minister Chinamasa was cited on the consolidated cases as the second respondent, while President Mugabe is the sixth respondent.
Online Reporter