Tsvangirai in contempt of court – Legal experts

order last week that harmonised elections be held by July 31, this year.

Mr Tsvangirai, who was party to the proceedings of the case, accused the court of overstepping its mandate by giving the order following an application by Mr Jealousy Mawarire of the Centre for Election Democracy in Southern Africa who wanted the court to compel President Mugabe to proclaim election dates by June 29.

In separate interviews, legal practitioners and political observers said Mr Tsvangirai was displaying worrying dictatorial tendencies by, among other things, abhorring elections, seeking to extend his stay in government without a mandate and refusing to be bound by court decisions.

“The Prime Minister was part to this case, therefore he stands ordered by the highest court in the land to obey and respect that order,” said Attorney General Mr Johannes Tomana.

“Any contempt of a Constitutional Court is an unfortunate thing to happen because by its very nature, that court must be our final arbiter of any issue of importance to the public of which this case is important to the public.

“Trying to question that court’s decision is mischief that shouldn’t be condoned by anybody even an attempt to throw doubt on such an important order. People should be reminded that contempt of court is an offence and we would want to urge everyone to take seriously our law because contempt has consequences.

“Everybody must do their best to uphold the law but this one (Mr Tsvangirai’s reaction to the ruling) is not one of such behaviour.”

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The AG said the Constitutional Court came in to guide the electorate since political parties were giving divergent views about when the elections were supposed to be held.

Mr Terrence Hussein of Hussein, Ranchod and Company law firm who represented President Mugabe in the case dismissed Mr Tsvangirai’s comments as nonsensical.

“The suggestion that the court overstepped its mandate is absolute nonsense. If there is anyone overstepping their mandate, it is the Prime Minister who should know better than to challenge the legal authority of a constitutional body. The court has the authority to act in the manner it did.

“The highest court has made a determination. The only way to overturn that decision is by having an Act of Parliament nullifying that decision. No other authority, even Sadc, can do anything about it.

Sadc has no legal authority even of a village court in Zimbabwe or a high school prefect,” he said.
University of Zimbabwe constitutional law expert, Professor Lovemore Madhuku dismissed Mr Tsvangirai’s claims saying the judiciary’s function was to resolve disputes relating to application of the law.

“It is clear that what the Prime Minister has done is contempt of court. There is no doubt about that. He now wants to be seen as being above the law.

“These people (Mr Tsvangirai and his party) are just ignorant of the law. They can destroy anything that stands in their way of political ambition. If it is the Supreme Court they will throw it away. If it’s ruling without Parliament they can do that.

“This is a very dangerous attitude for the country. They must know that constitutionalism is to have a good constitution in place which you must follow. Decisions relating to legal disputes are resolved by the Courts and Courts alone,” Prof Madhuku said.

He said the order by the Constitutional Court took away from the agenda of the special Sadc Summit on poll funding expected soon anything to do with the election dates.

“They (Sadc Summit) can only discuss about other things but not the proclamation dates while principals can only discuss about the actual dates. At the end of the day under the current circumstances, it is better for Zimbabwe to have a bad election than having no elections at all,” he said.

Zanu-PF politburo member and political analyst, Professor Jonathan Moyo said Mr Tsvangirai was in contempt of Court for questioning its decision when he was part to the proceedings.

“He (Mr Tsvangirai) submitted himself to the jurisdiction of the Court which means that he is now bound by its decision whether it’s in his favour or not. That is the essence of the rule of law.

Tsvangirai doesn’t understand about the rule of law and democracy. He is an enemy of democracy.

He wants to rule this country without being elected to do so and without a Parliament.

“That is incredible for someone who heads a party that calls itself Movement for Democratic Change.

Now we know that his change is primitive change back to the Stone Age when there were rulers without an election and Parliament.

“When it comes to matters of personal pleasures, Tsvangirai excels but when it comes to matters of the rule of law, democracy and national leadership, he is an unmitigated individual and his attacks on the Courts has proven so,” said Prof Moyo.

Midlands State University lecturer, Mr Christopher Gwatidzo added: “It is gross irresponsibility on the part of the Prime Minister to say what he said because he should appreciate that there are always two outcomes in any court case.

“There has been so much MDC-T mantra on the rule of law but they have no respect for that. It is an insult on the judiciary for one to question its decisions in that manner. We are a constitutional democracy that respects the Constitution.

“We expect him as someone who wants to be voted for to respect the law. At least Zimbabweans can see what he is up to that is a dictator. It is irresponsibility of the highest order for him to say that.

Hope the world can now see the weakness in the PM’s person that he can’t be a leader of a country that has literacy levels that UNESCO recognises,” said Mr Gwatidzo.

MDC leader, Professor Welshman Ncube recently said Mr Tsvangirai was not fit to lead Zimbabwe because he does not possess the requisite qualities for President due to his dictatorial tendencies.

Prof Madhuku is on record saying Mr Tsvangirai has the potential for dictatorship if he gets into power because of the autocratic tendencies he has exhibited in the past.

Prof Madhuku who broke ranks with the MDC-T over the constitution-making process among other issues, said the fact that Mr Tsvangirai did not listen to dissenting voices was evidence enough that an MDC-T government would not listen to contrary views.

MDC99 leader Mr Job Sikhala once said if Mr Tsvangirai laid his hands on instruments of the state he had the potential to chop people’s heads off and stuff them in refrigerators if they disagreed with him.

Mr Sikhala said this soon after his expulsion from the MDC-T in the wake of repeated clashes with Mr Tsvangirai.