Tsvangirai loses bid to delay polls

Jealousy Mawarire’s court application for early proclamation of election dates to be heard on an urgent basis failed yesterday after the Supreme Court ruled in favour of the man.

Mr Mawarire had approached the superior court seeking an order to have his case heard on urgent basis arguing that the life of Parliament and councils expires on June 29 and that if elections are not held, Zimbabwe will be run illegally.

Mr Tsvangirai opposed the application while President Mugabe, MDC leader Professor Welshman Ncube and the Attorney General’s Office consented to the relief sought on the preliminary application.

Chief Justice Godfrey Chidyausiku, sitting in his chambers yesterday, ruled that Mawarire’s court application can be heard on an urgent basis.

The reasons for his decision on the pre-hearing proceedings on the urgency to the principal application will follow.

The President, Deputy Prime Minister Arthur Mutambara and the AG’s Office also listed as respondents in the case now have up to May 20 to oppose the principal application, and arguments from all parties participating in the case will be heard next Friday.

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PM Tsvangirai and Prof Ncube have already filed the opposing papers to the principal case now set for next week.
Mr Joseph Mandizha of Mandizha and Company, who is acting for Mr Mawarire, confirmed the ruling.

“The application was granted. The effect of the ruling being that the principal application will be heard on an urgent basis on the 24th of May,” said Mr Mandizha.

He said the parties to the matter had also agreed on the roadmap leading to the hearing of the matter next week.

PM Tsvangirai’s lawyer Mr Chris Mhike of Atherstone and Cook said: “We have taken note of the ruling, and are ready to expand our arguments on the issue, pursuant to the opposition already filed for and on behalf of the Prime Minister in the main matter.”

Mr Mhike had strenuously opposed the preliminary application on the grounds that Mr Mawarire’s lawyers had not justified that his main application was urgent.

He also argued that the lawyers had totally failed to establish urgency to the subject matter and that the application was premised on a grossly mistaken interpretation of the Constitution of Zimbabwe, particularly that general elections must be conducted by June 29.

In the main application, Mr Mawarire argues that the looming expiry of Parliament had triggered confusion and debate among representatives of political parties and the inclusive Government.

He is also arguing that the MDC formations were pushing for the extension of the life of parliament when there is no such provision in the Constitution.

If the election is not fixed in tandem with the looming expiry of the terms, Zimbabwe would be plunged into a situation where it would be run illegally.