Concourt lands another poll case

A HUMAN rights defender Nixon Nyikadzino on Monday filed an application with the Constitutional Court seeking to compel President Robert Mugabe to proclaim an election date after complying with the constitutional requirements.

Report by Feluna Nleya

Last month, the Constitutional Court ordered Mugabe to ensure polls were held by July 31 following an application by Jealousy Mawarire, an order Mugabe agreed to comply with.

Nyikadzino also cited Prime Minister Morgan Tsvangirai, Constitutional and Parliamentary Affairs minister Eric Matinenga, Justice minister Patrick Chinamasa and the Zimbabwe Electoral Commission as second, third, fourth and fifth respondents respectively. There are 13 respondents cited.

Nyikadzino said in complying with the order in the Mawarire case, the respondents had a constitutional obligation not to infringe the law and constitutional rights of voters.

“My fear is that given the short time that is left, the respondents cannot fulfill their obligations without infringing on my rights. In particular, the respondents have to fulfill their obligation of aligning electoral laws to the Constitution, and the 5th Respondent (Zec) has to carry out a voter registration and inspection exercise,” Nyikadzino said in his founding affidavit.

“1st Respondent (President Mugabe) therefore has a clear obligation to me as a citizen to ensure that my fundamental rights and freedoms enshrined in the Constitution are upheld as well as ensuring the protection of my rights and those of other citizens as provided in the Constitution.

“As already stated, the basis of my application arises from the restrictive time frames within which the impending elections must now be held in terms of this Honourable Court’s decision and that these time frames significantly threaten or compromise my right to vote as a citizen and to participate in free and fair elections.”

Nyikadzino said there had not been progress in key and mandatory processes necessary for the holding of free and fair elections.
He said as a voter he has a reasonable apprehension that election-related violence may occur as happened in past elections.

He added that Zec has not set up appropriate systems and mechanisms to eliminate electoral violence and other electoral malpractices.

“I believe that it is now legally and constitutionally impossible for respondents to cause the conduct of a legitimate election on or by July 31, 2013 without violating my rights,” said Nyikadzino.

67 Comments

  1. Morena…

    Haaa banna weee!

    Ke kgatesti joang…

    Dumela

    1. Bobo on presidency, Tswangirai go to Buhera, i cnt comprehend u, tellin us the youths not to aplly the OldMutaul money I did n I got it, now pursuing a farm
      Was lost

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  3. Nyikadzino ndizvo!!!!!!!!!!!!!!! No elections before reforms.

  4. This Nixon Nyikadzino , what is he some ex cio i hope because he causing unnecessary confusion ?

  5. Komboni Yatsva

    The problems of this country will not be solved through the courts. What is required is a political solution and that solution is with Robert Mugabe, Morgan Tsvangirai, Welshman Ncube and other political gladiators. Courts can give their judgments but I believe those pronouncements will not change anything. I think the sooner we realise that, the better. This issue is bigger than the Supreme Court or Constitutional Court.

  6. Matambo Silvester

    Its clear on 27 July 2013 voters will be faced with a choice between Zanu Pf politics of empowerment and Mdc politics of treachery, puppetry, sanctions, violence and homosexuality. Me and my family will vote for Zanu pf and reject the satanic Mdc!

    1. tibvire apa kani iwe! Waita mudiki kudzidzisa vavhoti veZimbabwe. Ita I will be face with a choice between dinosaur politics (zanu) and smartphone politics (mdc).

      1. iwe tibvirewo pamberi neZanupf , PAMBERI!

    2. Your vote is your secret Sylvester u wouldnt be sure all your family members have voted for more distruction, violence, maiming, torture,corruption, cruelty, economic illiteracy that is ZANU PF!!!!!!

    3. registered voter

      X pana tsvangirai……………………NGA

      1. Bobo on presidency, Tswangirai go to Buhera, i cnt comprehend u, tellin us the youths not to aplly the OldMutaul money I did n I got it, now pursuing a farm
        Was lost

    4. eh eh eh @matambo silver speak for your self baba. i am faced with choosing between a political party that has murdered more than ten thousand of its own citizens and one that has not murdered any of its citizens. that is the choice i will be faced with.

    5. @matambo silvester, as a uz graduate, i am faced with a choice between a party that has promised 1million jobs and a party that has not given me a job in the five years since i have graduated.

    6. @matambo silvester, izvo ndezvakowo. i on the other hand will be faced by these two choices

      1. will i vote for a party that, in the 5years that i graduated from uz, has failed to provide me and my classmates jobs?

      or

      2. will i vote for a party that has promised 1 million jobs?

    7. Revai chokwadi

      Thanks matambo ngochani pasi nadzo nevano dzisapota,violent party, caller of sanctions,causers of industrial closures, sellouts , abusers of women,selfish puppets .
      VIVA ZANU VIVAAAAAA

      1. I recon Jonathan Moyo as a Zanu PF politebro member, and he is the number one gay ( ngochani), Banana Cain was a Zanu Pf member, and he was convicted of sodomising vamwe varume… Jonh Landa Nkomo there are allegations of him being a gay.. Kasukuwere, Mazivisa all these guys are gochanzi ( gays ) and they are all found in Zanu Pf, maybe the leader of this party is a gay as well who knows..kkkkkk someone will come forward after his death….kwaaaaa down with gay party ZANU PF…..

      2. I now suspect there is something telling about those who introduce ‘heh ngochani, heh homo’. I, for one, am straight and I cannot remember a single instance when I was approached by these so-called ngochani ndichinyengwa. Saka imi ndimi vafambi venzira yacho yechingochani, that is why you obsess about this. Instead of looking at what people are doing in the privacy of their bedrooms, taura zvevaye vakanzi ‘totemless’ and ask how an mp from a certain party, who happens to have a foreign father, managed to be on the same voter’s roll that others, having similar parentage are deemed ‘aliens’! From space?!!

    8. I recon Jonathan Moyo as a Zanu PF politebro member, and he is the number one gay ( ngochani), Banana Cain was a Zanu Pf member, and he was convicted of sodomising vamwe varume… Jonh Landa Nkomo there are allegations of him being a gay.. Kasukuwere, Mazivisa all these guys are gochanzi ( gays ) and they are all found in Zanu Pf, maybe the leader of this party is a gay as well who knows..kkkkkk someone will come forward after his death….kwaaaaa down with gay party ZANU PF…..

      Matambo iwe uringochani chete….unofemerwa mugotsi na Jonono Musoro Banga… Moyo na Kasvikuiri Kasukuwere…kkkkkkk mwaaaaaa ngochani iyo Matambo.

    9. matambo silvester uribenzi empowerment yaunotaura ngeyipi yekutora makambani evanhu kana muine mari tengayi mashares vanajagas varikutengesa mashares company yawo yatadza kusimuka empowerement politics dzirikupi makambani arikumera sango makatarisa vani.matambo urigrade 7 chete uye experience hauna saka uchitenwa pfungwa nepf hauna zvaunoziwa neway forwady ye ‘our beloved country’ manje pf haife yakavhoterwa chance yawo takawapa wakatadza no no next chance how many chances sekuru wangu nga wotobuda murace hadisikuda kuti vapindepa papresident nokuti zvinonyadzisa ndinoperanekunyara ko sekuru madiimapinza amai mujuru pachinenguva chero vakajiwa zvawo hazvina basa tinoona yekutamba mukadyiwa imimi tino nyanyanya kunyara uye nyembe dzenyu dzeubaba/sekuru dzinozunguzika kwuendamberi ndambodawo ku rumanzeve .

      ma 500rallies vasekuru anokwidza bp yenyu koomunofirei imi makashanda kare svinura iwe bhona udza sekuru vedu awa waende paside muchembere wako watadza kuita good advisor ive zvauri wakadzizdza sesu udza mudhara woko kuti vakapedza realingnment wobva wastepa down hapana someone with a reasonable mind anga wavhotera@89 kana vari vaprofita vanonyapa vanoda kuvanyepera ” vaprofita venhema sekuru havachawina election apo nepapopo vanovhoterwa but not for a win make better plans for him please advise him to step down sooner the better iam not trying to intimidate him iam saying the truth its my good advise for his dignity and everyone and his party thank you

      1. @ butthead. Aptly put. Morgan Dofo Chairo- Tsvangirai stands 4 smartphone politics. Unfortunately 90% of Zimbos dont have smartphones. So?

  7. Matambo how sure are you that your family will vote with you?If you have any. Your vote is your secret. Dont waste your time and energy trying to convince us to vote for a dead donkey. Well tried but try again next time.

  8. running scared of impending massacre of your puppet machinery by the revolutionary party. Nyikadzino Tsvangirai is asking for more time in the govt. This is ridiculous. lets end this circus. why a u afraid of elections Mr Tsvangirai. We a waiting for yo exit. We wil vote u out even next year. its time for Africa and No to White supremacy. God has a plan for Zimbabwe that is why President Mugabe is still alive.After this election, He may rest. Lead us to victory Gushungo.

    1. recon Jonathan Moyo as a Zanu PF politebro member, and he is the number one gay ( ngochani), Banana Cain was a Zanu Pf member, and he was convicted of sodomising vamwe varume… Jonh Landa Nkomo there are allegations of him being a gay.. Kasukuwere, Mazivisa all these guys are gochanzi ( gays ) and they are all found in Zanu Pf, maybe the leader of this party is a gay as well who knows..kkkkkk someone will come forward after his death….kwaaaaa down with gay party ZANU PF…..

  9. Human rights lawyer is another name of a lawyer who supports mdct. Assuming that all reforms are not done this means that RGM will remain president until madhongi amera nyanga. Its not a bad idea

    1. Bhinya, many lawyers have that nice name.

  10. Hakuna dombo rakabvumirwa kuramba riripamusoro perimwe zvachose. Nguva ndeyaMwari

  11. Longtom your party is not even prepared for the elections. Why are you afraid of an even playing field. Kutya kutambira bhora murufaro uchida kupotatoe field. Obviously you know that a hurried election is your only chance to rig. Come out in the open and say you are afraid that if all conditions are met then the Zany party is doomed. “Lead us to victory 90 year old Gushungo.” Hautonyari. Currently is he not the oldest ruler in the world(excluding the monarchs.) Munotonyadzisa. 90 year old confused man plus a giggling Grace(kuganhira amai ava) ref Dali Tambo’s sabc 3 interview. What a pathetic joke Mr.

  12. YAh our country has gone to the dogds I say shame

  13. @ Matambo ‘Satanic ‘MDCs that’s the right term for these sheep led by a confused open mouth and shut mind sheppard all to be picked one by one by marauding Zanu-pf party Come elections. Icho!!!

    1. recon Jonathan Moyo as a Zanu PF politebro member, and he is the number one gay ( ngochani), Banana Cain was a Zanu Pf member, and he was convicted of sodomising vamwe varume… Jonh Landa Nkomo there are allegations of him being a gay.. Kasukuwere, Mazivisa all these guys are gochanzi ( gays ) and they are all found in Zanu Pf, maybe the leader of this party is a gay as well who knows..kkkkkk someone will come forward after his death….kwaaaaa down with gay party ZANU PF

  14. its obvious that zanu pf wil win .nomatter what zimbabwe is for zimbabweans

  15. Tauya zvine musindo , tell me what have any Mdc MP or PM done to justify my vote over the last 5 years, Zanupf is the in thing .

    1. I think to be fair, nothing has come out of either Zanu PF MPs or their MDC counterparts. I wonder why you Zimbos trade insults for politicians who are jostling for a place at the feeding trough while you languish in penury.

  16. its a gud idea mugabe will remain president until hiz death kkkkkk makapusa ma MDC dai maita ma elections izvezvi maigona kuhwina a blind man cn not lead another blind man imbwa dzevanhu

  17. kkk anzi UZ taura nyaya yako. UZ yakatodhakwa hayo iyo who can hire u…kkkk jokes hako

  18. This is what happens if a Concourt delivers a flawed judgement that does not show that justice has been done.When the judge of the supreme court speaks,he must show wisdom that every citizen must agree that justice his been done.To place a colon in a constitutional sentence in order to change its meaning is judicial fraud.Well done Nyikadzino.Let the Concourt prepare the road map that caters for the constitutional provisions,since they have usurped the function of the executive.Nyikadzino go even further,attach the MDC dossier on 2008 violence to prove the point that there will be violence if these reforms enshrined in our home grown constitution have not been implemented.There is another case by a lady called Phiri in Bulawayo,who says her rights as an alien will be infringed if voter registration exercise is shortened.Then there is Mawere who has also asked the Concourt to suspend the voter registration exercise while his case is considered in the concourt.

    1. Munhu anomirira rima kuti adye agara haaite.

  19. SALVETE DISCIPULI! zvemazvirokwazvo ndinoti kwamuri tevedzayi matsimba ezvipfuyo zvangu musvike pano pachisipiti chenharira mupombodze misoro yenyu inopisa samare. Munyika yangu yiyi musasimire nguwo dza CHARIS RUDD uyuyu wamuri kutoona apa uyu akavuya chivandire nehunangwa hwekushinhwa kwemhando yapazasi iya standard yandakati ‘a fly blown piece of paper’ huye moffati akati palpable immorality iwo manyunwanyumwa maviri ndokutyonana meso hanzi ‘the epoch of our time’ rinova joko rakatakurwa nenyika yangu yiyi 125 years. Mayeukaka Rudd Concession? Thats the reason ndinoshuvira kuti muremekedze matare sezvo ndiwo akachengetedza mitsara yechisipiti chekuvakika kwenyika yangu yiyi. Chenyu imi maduutuu kusava unfair to one another sezvakaitwa nama agent a rhodes. Bwerengedzayiwo ma bird brain enyu kani muonesane kuti muri hama nehama dzekure nepedo huye futi makazvipa ma nikiname anofadza wani kuzviti veMAZANO naMAITIRO (idea + skill) both crucial factors institutional well being saka panyaya yamatare shandayi in unity yama values enyika kwete etumapati twenyu that may come and must go anytime.

  20. SALVETE DISCIPULI! zvemazvirokwazvo ndinoti kwamuri tevedzayi matsimba ezvipfuyo zvangu musvike pano pachisipiti chenharira mupombodze misoro yenyu inopisa samare. Munyika yangu yiyi musasimire nguwo dza CHARIS RUDD uyuyu wamuri kutoona apa uyu akavuya chivandire nehunangwa hwekushinhwa kwemhando yapazasi iya standard yandakati ‘a fly blown piece of paper’ huye moffati akati palpable immorality iwo manyunwanyumwa maviri ndokutyonana meso hanzi ‘the epoch of our time’ rinova joko rakatakurwa nenyika yangu yiyi 125 years. Mayeukaka Rudd Concession? Thats the reason ndinoshuvira kuti muremekedze matare sezvo ndiwo akachengetedza mitsara isingadarikiki yechisipiti chekuvakika kwenyika yangu yiyi. Chenyu imi maduutuu kusava unfair to one another sezvakaitwa nama agent a rhodes. Bwerengedzayiwo ma bird brain enyu kani muonesane kuti muri hama nehama dzekure nepedo huye futi makazvipa ma nikiname anofadza wani kuzviti veMAZANO naMAITIRO (idea + skill) both crucial factors for institutional well being saka panyaya yamatare shandayi in unity yama values enyika kwete etumapati twenyu that may come and must go anytime. musavengana. PAY ATTENTION WHILE I’M YELLING AT YOU. Maduutuu.

  21. recon Jonathan Moyo as a Zanu PF politebro member, and he is the number one gay ( ngochani), Banana Cain was a Zanu Pf member, and he was convicted of sodomising vamwe varume… Jonh Landa Nkomo there are allegations of him being a gay.. Kasukuwere, Mazivisa all these guys are gochanzi ( gays ) and they are all found in Zanu Pf, maybe the leader of this party is a gay as well who knows..kkkkkk someone will come forward after his death….kwaaaaa down with gay party ZANU PF…..

  22. It is now clear MDC-T and its apendages are now making a mockery of the ConCourt. Tsvangirai needs to know that he is planting the seeds of weeds that he will not be able to get rid of were he to ascend to the highest office.

    1. The ConCourt mocked itself first-people got the cue.

  23. Matambo Silvester, Tiudzewo ngochani dzeMDC T orMDC dzaunoziva, deZanu PF ndiPsychology Maziwisa, Jonathan Moyo, to mention but a few, chitiudzawo iwewe dzaunoziva,

    1. Stop libeling people. What proof do you have that Jonathan Moyo and Psychology Maziwisa ingochani? It’s better to make a generalised statement than to mention specific people’s names without proof or evidence that they are what you say they are. Word of caution, don’t think you can escape libel by hiding behind a username. That’s why you have to enter your email address when you sign up.

  24. Nyikadzino and Phiri did well ,a lot of people support your moves .Madzora mapenzi angaakutiza nechimuti nemugomo ichochifanira kusvika paline reku winner na TSVANGIRAI.

  25. It was a blunder for the conmen court (concourt) to issue a deadline coz by so doing they actually proclaimed an election date i.e. 31 july i mean barring all other key processes/reforms that can be interpreted as the election date. The court ought to have simply interpreted the law. By proclaiming a date the court usurped the powers of the executive and set a wrong precedence. Now insofar as the election date is concerned the commen court, having passed a flawed judgement, shall be inundated with all these urgent applications. Mugabe knows what needs to be done but will continue to play these games and there won’t be elections even after october which tsvangirai wants. In the meantime attention is diverted to the courts while little progress will happen on the issue of voter registration and inspection of voters roll until to 30 days lapse.

    1. If the ConCourt put in colons: They amended the clauses.

  26. It was a deliberate blunder for the conmen court (concourt) to issue a deadline coz by so doing they actually proclaimed an election date i.e. 31 july i mean barring all other key processes/reforms that can be interpreted as the election date. The court ought to have simply interpreted the law. By proclaiming a date the court usurped the powers of the executive and set a wrong precedence. Now insofar as the election date is concerned the commen court, having passed a flawed judgement, shall be inundated with all these urgent applications. Mugabe knows what needs to be done but will continue to play these games and there won’t be elections even after october which tsvangirai wants. In the meantime attention is diverted to the courts while little progress will happen on the issue of voter registration and inspection of voters roll until to 30 days lapse.

  27. Makapusa Mhani

    Kkkkkkkk, is it true that someone who was defeated is pushing for elections and want to be the organizer. I remember the same person pushed people to vote after several people he purports to be the father, when the winner had cancelled his participation in 2008.
    I’m confused here. Whose country is Zimbabwe? What’s the reason of voting? Why were sanctions being talked about imposed on these individuals? Is it possible for someone not in government to impose sanctions on his brothers and on whose expends? What is poor governance? What is public relations? What is bilateral agreement? What is government policy? If we can answer these I will be able to vote.

  28. this man is confused his case has zero chances , anywhere by friday the poll dates will be announced and by august Robert will be retaining his title as the president of the Republic of Zimbabwe sorry Tsvangirai waruza

    1. Tsotso hadzichashandi Zimbabwe haisi MALAWI yakarega 90+ Hastings Banda. Zvinofungwa ne……… futi unopenga wakatiza kuNgomahuru zuro ndiwe uritsvagwa umwe mapiritsi.

    2. lets dream that way tinomuka chete mangwana hakuna chembwa tenzi vararira mutakura mira uone come election day chokwadi chichabuda pachena yangayajaira kudya ivete

  29. u r all bizz fighting with words bt tell u wat, the pple u rfighting abt r enjoying with their families, stop this hunk punky n vote peacefully wen the day comes….gushhhh

  30. Kungopiwa only a fortnight of roadmap agreement Zanu Poor Finish will be history come elections time

  31. @ dofo, uridofo zvomene. Wakapusa, dununu chairo saJames nemumwe wake vanozviidza magraduate. VaMugabe ndibaba vedu maZimbo. Baba ndiBABA kusvika vafa. Baba vanoitira mhuri yavo zvainoshuvira. Ini ndinoshuvirakuva nezvanguwo zvandinoti ndezvangu. Ingava imba, munda wekurima, bizimusi rangu, mugodhi wendarama nezvese zvaungadome. Hazvirevi kuti baba vanofanira kunditengera ini ndichiswera ndakazambira mushana. Kwete mwanawamai. Baba vanokuvhurira mukana wekuwana zvaunoshuwira UKASHANDA nesimba. Baba vanokuvhurira mukana nekukuendesa kuchikoro, kukugurira munda wekurima nekumiranewe kana zvinhu zvisina kukumirira zvakanaka. Vanokubvumbamira kukuchengetedza kubvakuvavengi. NdikokuveBABA. Sa vaMugabe. Ini ndichavapa vote yangu kusvika zvanaka. Wozouya kukambani yangu ndikupebasa James.

    1. Ko isu takashanda kare tichipihwa ma 10 dollars pension money? Usaende kumasanction, taneta nedama iroro. Mubvunzo. Baba waunoreva, toti isu baba chidhakwa. Iwe semwana, ukaramba uchiteerera nekuregerera zvakaipa zvirikuitwa nababa, isu tinoti newewo mwana wacho hauna kukwana! Sandi kuti tina baba chidhakwa zvehwahwa asi, kana iwe baba vachikutaurira kuti nyika hayiburoki asi matm musina kana sauti zvayo, ndiko kudhakwa munhu aripanyanga. Chimwezve chawaresva, unopuhwa mughodhi iwe hauna kana dollar zvaro re exploration, ndosaka muri kungochera makomba nemunzizi muchiti mungangosangana nebhande, wakanganwa kuti newewo uchaita baba, vana vako voonera tsuro mubhuku!

  32. The concourt made a huge blunder when they made their biased judgement and have created an even bigger mess than that which was already there. However, that said, all these application have provided them with an easy out from the mess they put themselves in. It would be in their best interest to graciously go back on their earlier judgement and salvage some pride from these cases.

    Never thought it would come back to haunt them, how foolish of zanu to think that people would just take this lying down. This is no longer 1980 where people just took to whatever and everything, passively accepting it for you to just trample all over them. Nyika yachinja!

    Zanu yaora!!!!!

  33. @Dzvinyangoma. So far over a million people have insulted the President on this social media and called honourable members ngochani. If you do prosecute them, you will be giving them undue publicity and making heroes out of them! You should ask yourself why people are rebelling. Its prudent not to deal with symptoms of a problem but to tackle the root cause of a problem headon. If you don’t perceive this as a manifestation of political problems obtaining in Zimbabwe, then I am sorry to say you were brainwashed beyond redemption. We should view the social media as an unfettered venue for public discourse !

  34. @Dzvinyangoma. So far over a million people have insulted the President on this social media and called honourable members ngochani. If you do prosecute them, you will be giving them undue publicity and making heroes out of them! You should ask yourself why people are rebelling. Its prudent not to deal with symptoms of a problem but to tackle the root cause of a problem headon. If you don’t perceive this as a manifestation of political problems obtaining in Zimbabwe, then I am sorry to say you were brainwashed beyond redemption. We should view the social media as an unfettered venue for public discourse !!

  35. @Dzvinyangoma. So far over a million people have insulted the President on this social media and called honourable members ngochani. If you do prosecute them, you will be giving them undue publicity and making heroes out of them! You should ask yourself why people are rebelling. Its prudent not to deal with symptoms of a problem but to tackle the root cause of a problem headon. If you don’t perceive this as a manifestation of political problems obtaining in Zimbabwe, then I am sorry to say you were brainwashed beyond redemption. We should view the social media as an unfettered venue for public discourse !!!

  36. Nyikadzino you are a Man. Uyindoda emadodeni .

    1. liqiniso lelo! Leyi yindoda emadodeni.

      Zanu isibolile!!!!!

  37. Yu are rite its good

  38. The concourt hasn’t even sat down to hear the case yet. Ndo inonzi premature ejaculation yamuri kuita kupemberera pasina.

  39. Ndepemunhu here pamberi pacho panongonzi pamberi pamberi

  40. Why insulting one another . Go and vote for what u believe. Your vote is your choice.

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