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This follows a ruling which granted President Mugabe an extension of the March 31 by-election deadline to June 29.
Judge President George Chiweshe felt strongly that the holding of the by-elections would be costly and unnecessary because the new legislators would be in office for a very short period as the life of Parliament would end by June 29.
He also said there was nothing to suggest that the country could be at war or under a state of emergency to warrant the extension of the tenure of Parliament.
In their latest application, the three former MDC lawmakers — Abednico Bhebhe, Njabuliso Mguni and Norman Mpofu for the Matabeleland constituencies in question want their appeal to be dealt with urgently saying the High Court erred in overriding its earlier decision that was upheld at the Supreme court compelling the President to proclaim the dates for the by-election by March 31.
“The urgency of the matter is in my view self-evident. The following factors are pertinent, firstly, respondent (President Mugabe) was supposed to have complied with the order of this court by the 31st of May 2013. If that order is to be enforced it must be done now,” stated the legislators in their case.
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“The matter was brought on a certificate of urgency.
“The court treated it as urgent and afforded relief on that basis. If the judgment rendered is wrong, it most certainly must be addressed on an urgent basis. This matter must in my view be concluded before the general election is held.”
The trio also claim that the judgment impacts on the execution of many orders granted by the courts in this country.
“The idea that a judgment debtor can approach the court and seek to be excused from complying with an order of court on the basis that it makes economic and practical sense is with respect dangerous. The papers show that applicants have wasted no time in instituting these proceedings.
“I accordingly certify that the matter warrants to be heard on an urgent basis,” said Adv Lewis Uriri who signed the certificate of urgency.
Last year, the President was ordered to set by-election dates for the three constituencies by March 31 following an application by the three former MDC legislators.
The country is expected to hold general elections by June 29 when Parliament is dissolved and Justice Chiweshe ruled that if the by-election were held now, the tenure of the legislators would be temporary.
Online Reporter