The conclusion by the Judge President George Chiweshe that the current life of Parliament cannot be extended beyond June 29 unless the country is at war or is under a state of emergency, was the final nail for democratic forces pushing for reforms before the crucial elections.
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Judge President Chiweshe made the ruling in a case where President Robert Mugabe had sought to be excused from complying with the Supreme Court order to conduct by-elections in three constituencies in Matabeleland.
The ruling gives Mugabe a blank cheque to go ahead with his plans for the harmonised elections, which the two MDCs had been opposing before Judge President Chiweshe’s ruling.
For months on end the two MDC’s have been pushing for key reforms before the country holds watershed elections that will bring to an end the wobbly coalition government.
In March at a Sadc troika meeting Global Political Agreement (GPA) facilitator South African President Jacob Zuma said that the issue of security sector realignment in Zimbabwe could not be postponed any longer and should be solved.
The GPA was expected to address the issue of security forces dabbling in politics, but this has not happened for over four years since the formation of the inclusive government.
The security forces are often accused of harassing and torturing perceived Zanu PF opponents.
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Other reforms being promoted by civic society organisations and other political parties include those in the media. The State-owned broadcaster Zimbabwe Broadcasting Corporation continues to be accused of spreading Zanu PF propaganda — this against the dictates of the GPA.
Under the Sadc guidelines for free and fair elections, equal opportunity for all political parties to access the State media should be provided.
Given that there is just less than three months between now and June 29, it is highly improbable that all the necessary reforms that will create an environment for the holding of free and fair elections will be in place.
With the High Court judgment, Mugabe has been given free rein to railroad the country towards an election with or without the necessary reforms. Any election under the prevailing situation is a blessing to Zanu PF.
The MDC parties were calling for elections to be held as late as October, citing lack of adequate time to put in place requisite electoral and other reforms.
It is critical that before the country holds elections, an environment that allows for key freedoms of association, political tolerance, equal opportunity to exercise the right to vote and be voted for, and independence of the Judiciary and impartiality of the electoral institutions should be obtaining. Voter education should be in place for this.
Sadly, there seems not to be enough time to create such an environment and the country could be headed for another Zimbabwe electoral nightmare reminiscent of the June 2008 bloodbath.
