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of the poll date from July 31 to August 14.
The Court, last week, gave all parties up to midday Monday to file their papers but instead of filing his opposing papers at the time prescribed by the court, Mr Tsvangirai lodged a counter application around 4pm on Monday, while Prof Ncube filed his counter application yesterday morning.
To this end the two brought to court the new applications that opposed Minister Chinamasa’s application, out of time.
They wanted their applications consolidated into Minister Chinamasa’s application.
Mr Tsvangirai also filed another application requesting the court to hear his application for consolidation as urgent.
Justice and Legal Affairs Minister Patrick Chinamasa approached the Constitutional Court on behalf of Government in the wake of the extraordinary Summit of Sadc heads of state and government held in Maputo last week that tasked him to approach the Court to seek an extension of the election date beyond July 31 to accommodate any agreed reforms.
The duo’s applications effectively seek to drag President Mugabe into court despite the fact that the President has since complied with the court ruling that compelled him to proclaim election dates and ensure that harmonised elections are held by July 31.
In his heads of argument filed on time, Minister Chinamasa asked the Constitutional Court to invoke its powers to extend the date in line with a request by Sadc.
He also implored the court to determine how the case would go bearing in mind that the President had already complied with the May 31 order urging it to also use its inherent jurisdiction to determine whether or not paragraph 4 of the order it issued under judgment Number CCZ1/13 should be extended from July 31 to August 14 2013.
“Being the highest court in the land, this honourable Court has inherent discretional powers to interfere with its own orders and judgments and further give directions as to how certain related matters should then be dealt with.
“This Honourable Court is being called upon to exercise its discretion and interfere with its own order in judgment CCZ1/13 specifically paragraph 4 by deleting July 31 2013 and substituting same with 14 August 2013,” read part of the heads of argument.
Minister Chinamasa insists that the President had fully complied with a court order of May 31 this year and that he had much respect for that ruling.
“Pursuant and in compliance with this order (May 31), His Excellency the President of the Republic of Zimbabwe Cde Robert Gabriel Mugabe, on June 13 2013 issued Proclamation 2 of 2013 under Statutory Instrument 86 of 2013 whereat paragraph (d) thereof he fixed ‘’Wednesday the 31st July 2013 as the day of the election of President, the election of members of the National Assembly and the election of councillors . . . ”
The date for the Nomination Court has already been declared as June 28.
Minister Chinamasa contends that PM Tsvangirai and Prof Ncube had misgivings with the court order and the manner in which President Mugabe had proclaimed the election date and lobbied Sadc to intervene and set aside the consequences of the court order.
In his counter-application filed yesterday Prof Ncube is also seeking to invalidate the proclamation by President Mugabe setting July 31 as the date for the harmonised elections.
In his heads of argument, Prof Ncube said the counter application was necessitated by Minister Chinamasa, whom he accused of deliberately seeking to ensure that his application for a two-week extension of the deadline fails for lack of merit before the Constitutional bench. Prof Ncube also filed another application challenging a section of the Electoral Act, which he says was inconsistent with Constitution of Zimbabwe. He is seeking to nullify Section 119(2)(I) of the Electoral Act, which bars any person suspended from holding office from standing for an election.
Online Reporter