Judge President George Chiweshe yesterday dismissed an application by National Constitution Assembly (NCA) leader Lovemore Madhuku to stop the March 16 referendum on the new constitution saying President Robert Mugabe’s proclamation cannot be reviewed by the courts.
REPORT BY CHARLES LAITON/PHILLIP CHIDAVAENZI
The NCA approached the High Court last week seeking to force Mugabe to postpone the referendum, arguing people had not been given enough time to study the draft.
Mugabe gazetted the date for the referendum on February 15, but Madhuku in his application argued that at least two months were needed for Zimbabweans to study and understand the draft.
“By virtue of the provisions of Section 31K (1) of the Constitution of Zimbabwe, the powers conferred upon the first respondent (Mugabe) in terms of Section 3 of the Referendum Act (Chap 2:10) are not justiciable,” Justice Chiweshe ruled.
“Consequently, it is ordered that the application be and is hereby dismissed in its entirety.”
The Attorney-General’s Office last Friday argued that the High Court had no jurisdiction to preside over the case even if Mugabe’s decision infringed on citizens’ rights.
Advocate Prince Machaya said the courts “had no powers to question or decide” over Mugabe’s decisions.
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Principals in the inclusive government agreed on the date of the referendum after prolonged negotiations.
Copac this week launched a nationwide awareness campaign on the new constitution ahead of the referendum. The meetings are being addressed by MPs from the three parties in the inclusive government.
MDC-T House of Assembly chief whip Innocent Gonese yesterday said it was important for the process to be wrapped up quickly to allow the committee set up to align the country’s laws to the proposed constitution to complete their work before the elections.
Speaking during a Copac feedback meeting on the draft charter in Greendale, Harare, Gonese — who is also the legislator for Mutare Central — said all laws that contradict the new constitution will be repealed.
“There is a committee looking at all the laws,” he said.
“Those that are not in line with the new constitution will be amended.
“The Constitutional Court will also be empowered to strike off sections of the laws that are not in line with the new constitution.”
Gonese said some provisions in the charter will only start applying when a new government takes over.
“For instance, the Peace and Reconciliation Commission will only be set up by a new government (after elections) because there is no time to set it up and operationalise it before the elections,” he said.
He also explained that the concept of running mates in presidential elections will not apply during the forthcoming elections, but will be used in future polls.
“The running mate provision will not work at the moment. It was a compromise. It will only start applying when the new president takes over,” Gonese said.
“When the president fails to last the term, the first mate will take over until the next elections. This will be a provision for posterity.”
In response to questions raised about the fate of the current constitution, Gonese said once the new governance charter was approved, the charter “will be thrown into the bin”.
Gonese encouraged the 50 people who attended the meeting to vote for the draft constitution.
