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In the applications, President Mugabe argues that the idea of holding by-elections and a few months later hold general elections does not make economic and/or practical sense. The President was last year ordered to set by-election dates for three constituencies — Nkayi South, Bulilima East and Lupane East — by March 31.
This followed an application by Abednico Bhebhe, Njabuliso Mguni and Norman Mpofu, all former MDC legislators for the constituencies in question.
In another case, the Zimbabwe National Youth Service Graduates Association obtained a High Court order compelling the President to set dates for by-elections to be held in all vacant constituencies countrywide.
The President is seeking to be excused from complying with the March 31 deadline provided harmonised elections are held by June 29.
PM Tsvangirai’s lawyer Mr Chris Mhike of Atherstone and Cook advised the High Court of the application for enjoinder, prompting Judge President George Chiweshe to defer the hearing to Wednesday.
PM Tsvangirai argues that he was never consulted when President Mugabe came up with June 29 as the date by which the general election would have been held.
Contrary to President Mugabe’s submissions, PM Tsvangirai says it was highly unlikely for general elections to be held by June 29.
“Applicant makes the assumption that the elections will be held by June 29 2013. He does not tell the court what must happen should he be afforded relief, but the elections are not held by that date.
“From my understanding and personal knowledge of the country’s affairs, it is unlikely that the elections will be held on June 29 2013.
“Applicant does not refer to any of his declared positions having been agreed on between himself and me as the Prime Minister of the country,” read the application.
PM Tsvangirai argues that in terms of the Global Political Agreement, it was incumbent on the President to consult and confer with him before making such decisions of national importance.
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“In terms of the current Constitutional dispensation, the applicant (President) in the main matter has to consult me in my official capacity before he makes a proclamation relating to the dissolution of Parliament,” argues the PM.
PM Tsvangirai said there was need for all principals to the GPA, Finance Minister and the Zimbabwe Electoral Commission to be part of the application because without them, the application remains speculative.
The three former legislators, Abednico Bhebhe, Njabuliso Mguni and Norman Mpofu, filed their notice of opposition through the Zimbabwe Lawyers for Human Rights.
Bhebhe deposed an affidavit which was supported by the two others. In the opposing papers, he began by challenging the High Court’s jurisdiction over the application.
He stated that the court had no power to condone or suborn disobedience of its own order.
The trio also argues that the application was not genuine and that there was something sinister in the President’s move.
“What applicant intends to achieve by this application is a declaration by the court mandating that elections be held by June 29 2013. that is, with respect, a political question that this court has no jurisdiction to deal with.
“He is well aware that he is constitutionally obliged to consult Prime Minister Tsvangirai on that issue and the court cannot tie down Mr Tsvangirai’s hands by setting a time frame for the holding of elections.”
leeroy