Tsvangirai withdraws election fight

PRIME Minister Morgan Tsvangirai yesterday withdrew his High Court application in which he was seeking to block President Robert Mugabe from proclaiming June 29 as the date for harmonised elections.


This was after it emerged the dispute was not about harmonised elections, but by-elections for three Matabeleland constituencies.

Judge President George Chiweshe said the impasse between Mugabe and the three former MDC legislators had nothing to do with the Tsvangirai.

“I am interested in finding out on whether we should have by-elections or not and I am not here to decide on the general election date. The Prime Minister has nothing to do with the holding of by-elections,” Justice Chiweshe said.

Tsvangirai had submitted a joinder application with the three MPs after Mugabe had sought to hold harmonised elections by June 29. The Premier approached the High Court last Thursday requesting to be included as the fourth respondent in the matter together with three former MPs – Abednico Bhebhe, Njabuliso Mguni and Norman Mpofu.

The trio has been fighting Mugabe in court demanding that he proclaims by-elections in the three constituencies that fell vacant after they were expelled from their party in 2009.

Justice Chiweshe is today set to decide on whether the current Parliament should be dissolved on June 29 according to Mugabe’s application, as opposed to October 29, an argument advanced by the former MPs.

“If Parliament will be dissolved on June 29, then it would not be possible to call for by-elections, but if it does on October 29, there will be time to do so,” Justice Chiweshe said before rolling over the matter to today.

The argument over the dissolution of Parliament came about after Mugabe abandoned his earlier application seeking interim relief from the courts to be allowed to conduct harmonised elections by the end of June.

Advocate Prince Machaya, who is representing Mugabe, indicated that his client’s application was now centred on the feasibility of conducting by-elections in June if Parliament would be dissolved around the same time.

Machaya said: “Our application does not involve the date on which harmonised elections should be held. Although we have indicated the terminal date in our papers, the interim relief initially sought now falls away.”

Tsvangirai’s lawyer Chris Mhike told the court that he would consult with his client on the possibility of withdrawing his joinder application now that the dispute centred on by-elections and not general elections.

“The basis for a joinder falls away and my learned friend (Machaya) is still taking instructions from his principals in finding an amicable solution to the matter,” Mhike said.

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  1. Anonyadzisa morgan.didnt he know the issue was abt by elections.ndisungei pliz ndisungei

    1. So if the judge rules that the by-elections are on, then all the by-elections that are due must be held ( becuase a precedent would have been set). How many by-elections are due? Would this not be a ‘mini-general election’?

  2. This was a clumsy, unnecessary effort by the PM and I have told people about the futility of it all. Let us just have the elections sooner rather than later so that we get rid of the GPA/GNU circus, get rid of this PM/President posturing and this Zanu PF/MDCs measures and counter measures which are not only unnecessary but are costing us our livelihoods every day, never mind the high nuisance value of these people, their parties and so called government. Enough! I am sick of it and I think it was Mugabe who said this GNU has become a monster which had outlived its mandate and usefulness. Not that to us it was ever needed or useful because like we have said before the old Zanu PF government had run out of ideas, had collapsed the economy and was practically dead till the MDCs helped resuscitate it by joining whatever was left of the gravy train for both political and economical expedience. I believe the equally selfish and useless Simba Makoni has been making the right noises against the GPA/GNU but then again like we have said before all these people are the same because sometimes they will say something that resonates with us but they are all like a dead clock which sooner or later records the correct but is useless.

    1. Very accurate analysis Zhira.Politically we are in a fix; whether its pre,during or post GNU.Major reason being the dearth of leadership qualities in all the major political parties grandstanding before us.

  3. at times i am embarassed by tsvangirai to say the very least.

  4. Embarassed embarassed my foot, atleast he”s doing something……he is doing tht for you to go and air yo views free n fair but when tht tym comes u cnt even go n do tht bt u busy complaining abt wat he did or didnt do, more lyk a dog barking at a passing train

  5. The tea boy showing off his lack of intellect. An oversized baby brain running to court just to get a lot of egg on his chubby face. Newsday pliz write the correct headline. Tsvangirai did not withdraw but was kicked out by the judge. Hanzi enda undovhiya mbudzi (kana kubika tea)vasvinu vari padare.

  6. There is nothing wrong with Honourable Tsvangirayi being part of the court proceedings. Only dandaheads thinks the other way. Vhurikai njere hama neshamwari kwete kushandisa for nothing zanu ndeye masatanists vanorarama nekusveta vamwe ropa.

    1. @farai. Did u even begin to understand what the judge and morgan’s lawyer are saying. Verenga futi wozotaura zvema dandaheads wanzwisisa nyaya.

    2. Dexter Chakurira

      Verenga nyaya wohwisisa usati wamanya kuyanika hupenzi hwako iwe. Hanzi Nyaya haineyi nema general elections. Ine chokuita nema by-election ekuMatabeleland. Tsvangirayi haanei ne nyaya iyi.

  7. Does the PM have advisers??

  8. Farai u a dick

  9. Phunyukabemphethe

    The problem is centred on the three MPs who are causing confusion. Why can’t they simply withdraw their applications for by-elections as these have long been overtaken by events and the whole court action is now purely an academic exercise?

    Are they not aware they are giving Gukurahundi Mugabe ammunition to force a date for general election on the nation through the back door.

    Tswangirayi is right by pre-empting the Gukurahundi’s actions, lest he be overtaken by the Gukurahundi’s trickery.

    I blame him for not sitting down with his MPs and deciding on the best way forward regarding these by-elections. They need to avoid every avenue that is likely to give the Gukurahundi excuses for elections without reforms.


  10. Mutasa Mudhidhimas

    @Zhira dzangu this was a very necessary application by Morgan as the Hawks within Zanu pf wanted to proclaim harmonised election dates thru the backdoor(court)
    Tsvangirai was very clever in preventing that anomally and Zanu pf themselves realised Tsvangirai had valid grounds and they withdrew that from their court application.Zanu pf iparty yematsotsi and they wanted to do all the tricks kuti maelections aitwe before end of June so that they avoid the necessary electroral reforms.Dai vakaona kupenga kwaiita Gavamwedzi rekuTsholotsho vaibva vaona kuti vabaiwa panyama nhete
    Iye zvino matricks awo ese have been countered and tamirira kuona kuti Jonathan who is on Zanu pf payroll has for a spin.Some people were saying Tsvangirai made a mistake by joining the GNU but do u think he would have been able to stop Mugabe and Zanu pf from riding roughshod over people.Those who think Morgan haafunge apa aratidza kufunga kupfuura mazeeretsi ese anoti tiri maProfessor.Vari kukwata izvozvi kuti saka toita sei manje zvazvadai

  11. Heey iwe sokomukanya.iwe ndiwe zidofo did u even read the story above,pliz do if u havent.the basis of the application has changed thats y there is nolonger need to persue the case.mugabe’s lawyer went to court to notify the judge of this development thats y mhike has seen no need to persue the case .some pple who shout loudest about hudofo hwevamwe vanhu r actually massive dimwits.

  12. I am actually surprised by you guys. Can you not see the hand of Jonathan Moyo in all this? It’s simple, someone wanted to smuggle the national election date by the back door! Otherwise how do you explain the deliberate effort to tie the fight to postpone the by-election to a harmonized election date of 29 June 2013? It would be interesting to know how that date was arrived at but Needless to say it’s all water under the bridge now, the elections will not happen in June 2013, period. When Jonna and Chinamasa realized that their attempt to give credence to the 29 of June national election date had been picked up they very quickly withdrew that part of their argument! The question is, why did they have it there in the first place? Its better the P.M. be labelled all kinds of names rather let Jonna and Chinamasa try to be clever. I can see most of us are real novices at the strategies (other than the obvious voter registration schemes involving the army and police, the intimidation of villagers, teachers, civil servants etc) which ZANU PF is using. Well guys if you are so sure about the party why not come home and join us for the election in September or October?

  13. I have said it and will say it again,Mugabe knows his politics. I don’t like him but supporting “busy dick” kurima nembudzi chaiko. All hope is lost guys. Pliz answer me: wil it benefit us to wait for these reforms even if it take two more yrs?

  14. The PM is only fighting to block the 29th as the day of hamonized election b4 the GPU is implemented as shld be. So there is every reason 4 him to wthdro his aplication if it is not aplying on the real matter

  15. A straitjacketed Tsvingirai.

  16. Dexter Chakurira

    This is a rather misleading headline. It was Mugabe who first withdrew his trick of forcing ab election. Now it left Tsvangirai with no option but also withdraw his petition. The other issue has nothing to do with him but with the 3 MPs. Only fools and Jonathan Moyo do not ser that Tsvangirai is the winner here. If Jonathan Moyo tries another trick Tsvangirai will be ready for him.

  17. VOTE MDC-T for change.Morgiza is a better devil than BOB.

  18. @bingowajakata tell them my man hakuna munhu muno muzim akangwarirana natsvangirai and the mdc in terms of knowing all the dirty tricks ezanu.wat individual or party in this whole wide world wld have survived the relentless onslaught from zanu and mugabe for so long with very limited access to the media.anga asingapengi kuendesa that urgent application kucourt.cant these dandaheads commenting above sense the irony in the state changing goalposts at the last minute?

  19. Its sad that constitutional law proff.welsh didnt see this one comming.

    1. much ado about nothing

  20. Inga ndazvirewa kare kuti twangshit chidzoyi chaicho. Chinodzoirira datya, zunguzurwa kana fika muzukuru wedatya.

  21. Nobody in this country,even the media who broke this story yesterday was clear on wat xactly was the issue here.only the pm’s office was very clear on the grave danger that this country faced.the media told us the story but they also missed the story behind the story.so all those political novices…pliz shut up an listen.

  22. Tsvangirayi has been in trenches for over a decade fighting mugabe and his hench men hence afford him respect for what he has achieved in delivering the country from rampant corruption, stripping of national assets by zanu, utter disregard of rule of law, murdering of innocent civillians by zanu, the list is endless, there is light at the end of the tunnel now through Tsvangirayi’s courage and resolve, the country is now indebted to him. Appreciate his efforts even at times we do not understand his motive but what we certainly know is he is giving his best shot remember he also has advisors who work with him all times.

  23. principles of democracy

    Tsvangirai is a winner here.read the story well taking into account all event surrounding it.after that you can start commenting.

    It was going to be a no way out for Mugabe if 3 mps withdraw the case.they must be advised to do so.

  24. People who do not know that they do not know They cant get what is after the curve

  25. this issue was trick in the sense that mugabe wanted 2 convince the courts that he wld nt pronounce by-election dates since general election wld be held on June 29 so Tsangirai wanted 2 rubbish this june 29 madness

  26. Thanxs gava.tsvangirai has proved once again he can match even the most scewed political minds in the form of moyo and chinamasa/tomana in this land.and there is still news to be told about the arrests taking place at the pm’s office……real big news waiting to be told.news pple pliz give us some service here.

  27. so i agree with those tsvangirai is a winner here,coz zanu wanted the court 2 bring the issue of by election on the front page bt knowing enough theirs wz of 29 june as the date fo general election

  28. Musaita semusina kuenda kuchikoro mazimba.nyaya iyi yanga iri trick and stil trick.initially mugabe,s application was for the by elections and th harmonised elections.when mugabe realised that tsvangirayi is aware of the trick then they withdrew the issue of general elections.mugabes lawyer indicated that he is to change his application.out come ye court rulling on by elections has effect on the date of parliament being dssolved which also wll affect th announcement of election dates.law has hidden interpretations don’t take it as u read it think about the hidden.svunurayi

  29. democracy on trial

    People should now use their intelligence to think. The state has changed its case because of Tsvangirai’s petition. first it was about I quote “we can not hold by elections because we are holding general elections in June.it will not make sense economically”

    Now the case with the judges is like if elections are held in june,there will be no by elections but if held in October by elections will be necessary.

    Date for general elections is the principals job not the courts at all.

    Mugabe wanted to use the courts and by elections case to call for general elections. Tsvangirai is lighter and brighter than the so called law professsor Ncube, who blind on these matters

  30. principles of democracy

    Enlightened Zimbabweans.those who managed to discover the Mugabe trick are now enlightened masvinura manje.

  31. muchengeriwezvinoitika

    Tsvangirayi has always escaped court tricks and hath shown that he knows where he is protected. That makes him not pursue fight over a surrendered man. Mugabe akasimudza maoko so y should he continue? The judiciary language can be confusing verengai katatu katatu munzwisise than blame him

  32. tatambudziwanemwi

    haa mazanu pf majaira kushandisa macourts kudzvinyirira tokuzivai manje mukunyangira yakasvinura

  33. @jet, zhira
    you are brainless lyk most zanu supporters who wait for Herald analysts to do the thinkn for them.
    But we excuse you for not understanding Tsvangirals action and and the implications therof.
    Kana manga makaronga erection ya june muchiti muchazotsokera mamwe ma baroti mumabhachi echando well you might as well rethink..
    Well done Tsvangirai. A lot is still to be done.

  34. Rather lets thank Mugabe for withdrawing the unilateral harmonised poll date.
    For once he acted lyk a nationalist.

  35. So by default this retreat by the hawks in zanu goes to show that despite all the hogwash in the state media about mugabe being able unilaterally call for elections,its actually that…hogwash.they all know the truth but they just cant live with it.he wont,cant and wldnt be able to do that without tsvangirai’s blessing!

  36. Bob is a wily Machievallian fox . These byelections should have been held long back . He feared the inevitable MDC-T victory . Period .

  37. Phunyukabemphethe pliz stop your tribal hate speech, it wont solve anything bro. let us live in harmony

    1. Phunyukabemphethe

      What tribal hate speech are you talking about? You are now pissing me off!

  38. He is too confused. Even a layman in law would have known that the issue was about bye elections and not the general elections.

  39. ‘Leadership hath a sharp and double edged it is not to be entrusted to men/women uncntrolled by wisdom and discretion, it is only for the virtuous and the wise’ As much as I don’t support ZANU PF but I think Morgan is still in pre-school in terms of politics. It is only those that hero worship individuals who have the gust to back the man who enjoyed the support of 70% of Zimbabweans but let the chance go begging. Keep supporting and we meet in Hell.

  40. Phunyukabemphethe

    Down with Gukurahundism, down!!!!

  41. @phunyuka
    zwana wena chom as long as you dont unite with Tsvangirai to remove Mugabe, yu shall die of frastration and stress.
    Gukurahundi never existed as long as Mugabe is in power.
    So tell you kin and tribesmen the correct pattern of voting.

    1. Phunyukabemphethe

      Go to hell with your Tswangirayi. Mthwakazi has the democratic right to support whoever we want.

      Where on earth have you ever heard of worriors getting frustrated or dying of stress? Mthwakazi is made of sterner stuff – need I remind you?

  42. BRAVO!!Tsvangirai,someone just realized that their sinister move was bound to fail coz of your swift reaction& they decided to shift the goal posts!!!!!

  43. These zanu people thot they would sneak the june election through Chiweshe. Manje kana Tsvangirai akambongwara, apa ndipo paangwara manje, sezvaakaita kuramba rerun in 2008. Vakamungwadza vakomana ava now he has all the tricks to counter them. Pamberi nemi Save your suport has grown from 67% in 2008 to 80% in 2013.

  44. good going tsvangison you seem like the only option for any meaningfull oposition

  45. All zanu has to do is agree to the following reforms: 1.Masoja back kumabarack bcoz we’re not in a state of war. 2.Mapurisa to stay at a 100m periphary at polling stations moving away vaye vanoda kuona kuti avhota ndiyani. 3.Elections should be observed by anyone wiling bcoz we have nothing to hide. 4.A team of all party representatives, together with the sadc observer team should collate results and these should be agreeable with those of ZEC b4 announcement, and all these party representatives together with sadc observer team representatives should be at polling stations together with the ballot boxes, for purposes of verification where there are variances, within 48 hrs. No transportation of ballot boxes before the final announcement of results. 5.No to door to door campaigns as this leads to intimidation. All parties should publicise their rallies and people should attend voluntarily. 6. An online mobile voter registration system should be set up, and people permitted to enquire their voter status online, anytime they wish to do so b4 election day. 7.Civil servants who will be polling officers should be immediately registered to vote at the polling stations they will be working. 8.All uniformed forces should not vote in barracks and camps, but vote like any other citizen at different polling stations in civilian or casual clothing. 9.Polling stations should be set up at all Zimbawean embasies to alow for the diaspora vote and cater for those on official state duty. 10.Anyone charged for inciting political violence should face life imprisonment. All these, plus more, will even the playing field, hamuzvionewo here nhai? Manje zanu haidi zvinhu zvese zvakajeka kudai. Zvino the more they resist these reforms, the more we push the elections further, apa jongwe renyu rinenge richiwedzera kuchembera. Rikafa awacha ndimi, isu wedu Morgan ari fresh.

  46. madhara mdara vapfana vapfana..richard screwed bgtym!

  47. It requires a visionary to see beyond tsvangirayi’s court application .He is now a political adult in terms of zim politics

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