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She said at least the Zimbabwe Electoral Commission or Finance Minister Tendai Biti could have deposed the affidavit, stating the financial difficulties in holding the by-elections and the challenges facing the Government in logistics.
Ms Mtetwa wants the judge to determine whether or not it was proper for an officer from the Attorney General to sign a certificate of urgency in the case.
The AG’s Office is the one representing the President Mugabe in the case.
Ms Mtetwa also argued that the matter was not urgent considering that the same request for postponement of compliance with the Supreme Court order had been made before.
“It seems like the matter is now becoming urgent on a monthly basis,” said Ms Mtetwa.
Advocate Ray Goba, who is being instructed by the AG’s office, said there was no law prohibiting a lawyer in the same office with a litigant’s representatives to grant a certificate of urgency.
Adv Goba said there was nothing improper about an officer from the AG to certify the application.
He also told The Herald that the matter was urgent and that “it continues to be urgent as long as there are deadlines”.
Adv Goba said Minister Chinamasa was qualified to depose an affidavit in the case because he is a Cabinet Minister.
He said that Minister Chinamasa is responsible for administering the Electoral Act.
In the application, President Mugabe contends that Government has no funds to conduct the by-elections when harmonised polls are expected in six months.
The by-elections are expected to cost $47 547 036, while the constitutional referendum would gobble $104 651 273.
The harmonised elections expected in March next year will chew up to $115 374 890.
President Mugabe requested that the by-elections date be postponed to 31 March when the harmonised elections would be conducted, considering the unavailability of financial resources.
Mid this year, the Supreme Court gave President Mugabe up to 30 August to publish the by-elections date.
He successfully sought extension of the deadline to 1 October through an urgent chamber application.
The President is now asking for further postponement of the deadline to 31 March.
President Mugabe argued that the vacant seats were spread across the country, making them more costly to hold.
Bhebhe, Mguni and Mpofu were expelled from the MDC and were subsequently relieved of their parliamentary positions.
They instituted court action after declaring interest in contesting for the constituencies as independent candidates.
Online Reporter