PRESIDENT Robert Mugabe yesterday scored yet another victory after Judge President Justice George Chiweshe ruled in his favour and excused him from conducting by-elections in three Matabeleland constituencies.
REPORT BY CHARLES LAITON
In his brief ruling, Justice Chiweshe said Mugabe was excused from complying with an order granted by Bulawayo High Court judge Justice Nicholas Ndou last year compelling him to conduct by-elections for Nkayi South, Bulilima East and Lupane East constituencies.
The constituencies fell vacant after three MDC legislators were expelled from the Welshman Ncube-led party for alleged links with Prime Minister Morgan Tsvangirai’s MDC-T.
Justice Chiweshe also excused Mugabe from complying with an order of the High Court in Harare where he had successfully sought an extension of time to conduct the by-elections in the said constituencies.
On Tuesday, Justice Chiweshe hinted that if he determined that Parliament would be dissolved by June 29 this year, he would not order Mugabe to proclaim the date for conducting by-elections.
However, if he ruled that Parliament would be dissolved by October 29, then he would rule to the contrary.
In his submissions, Advocate Thabani Mpofu — representing the former MPs — said if Mugabe was to be excused from proclaiming conducting of the by-elections, it would appear as if no court order had been granted by the High Court and confirmed by the Supreme Court.
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Justice Chiweshe’s order read: “The applicant be and is hereby excused from performance of the order of this honourable court granted on October 2, 2012 under case number HC11222/12 . . . the applicant be and is hereby excused from performance of the order of this honourable court granted on October 16, 2012 under case number HC1196/12. Reasons will be handed down on Monday April 8, 2013.”
Commenting on Chiweshe’s ruling, Tsvangirai’s spokesperson Luke Tamborinyoka said: “It doesn’t give a good impression for an executive office of the President to be seen to be running away from implementing court orders. But the good news arising out of all this is that the President has failed to get what he wanted from the court — which is a harmonised election date for June 29, 2013. He failed to get that because of the intervention of the Prime Minister in this case.”
The former MPs — Abednico Bhebhe, Njabuliso Mguni and Norman Mpofu — through Mpofu, accused Mugabe of reneging on a Supreme Court order issued last year on the basis that he knew he could not be sued for contempt of court.
“The President knows even if he does not comply with the court order he cannot be sued. He is simply saying in his application, ‘for reasons which I think make practical and economic sense, I apply to be excused from complying with the court order’,” Mpofu said in his submissions before Justice Chiweshe on Thursday.
“Why is the applicant (Mugabe) not prepared to comply with the court order? He took the oath of office (as President) and promised to be loyal and serve the people of Zimbabwe. Any precedent by the Head of State to the contrary will be very dangerous.”
Commenting on Justice Chiweshe’s ruling, Mpofu said: “I do not know what my clients will say about this order, but if I were them, I would seek to be excused from being bound by it.”
