THE fight over by-election dates has once again spilled into the Supreme Court with former MPs challenging Judge President George Chiweshe’s jurisdiction over the matter.
Report by Senior Court Reporter
The MPs question how Judge President Chiweshe, a High Court judge, could preside over a matter that had already been determined by a more superior Supreme Court.
In a development whose interpretation could mean President Robert Mugabe may not exactly be off the hook, three former Matabeleland legislators yesterday filed the appeal at the Supreme Court, arguing the Judge President had no jurisdiction to entertain Mugabe’s request.
The former MPs said Chiweshe had no powers to excuse Mugabe from proclaiming by-elections for Nkayi South, Lupane East and Bulilima East constituencies, overturning a ruling that had already been made by the Supreme Court.
“The court aquo erred in entertaining a matter in respect of which it had no jurisdiction and in which it was functus officio (once a court makes a decision, it cannot make another one over it),” Advocate Thabani Mpofu, who is representing the former MPs, said.
In his judgment, whose reasons were given on Monday, Judge President Chiweshe said: “In the final analysis, I agree with the applicant (Mugabe) that compliance with the existing order is no longer reasonable or practical . . . in any event, it is trite that this court has inherent jurisdiction to manage the execution of its own orders, ensuring whenever necessary that the execution of the same does not lead to absurd or irrational outcomes.
“On that date (June 29 2013), Parliament shall stand dissolved . . . these sections (of the current Constitution) allow for that extension only if the country is at war or under a declared state of public emergency. No such situation presently obtains in the country.”
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But the three former MPs, Abednico Bhebhe, Njabuliso Mguni and Norman Mpofu argued: “The court aquo erred in holding that it can excuse compliance with its own order on the basis of practical or economic considerations.”
The MP’s further argued that Chiweshe erred in affording Mugabe relief, the effect of which was to take away their rights which had been vested in terms of the order granted by the Supreme Court and also as set out in the Electoral Act. Mpofu is being instructed by Tawanda Zhuwarara in the case.
