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‘Constitutional crisis looms’

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THE MDC secretary for legal affairs David Coltart yesterday said there is need to go back to the Constitutional Court to ask it to reverse its decision ordering the holding of elections by July 31 as it has caused a constitutional crisis.

REPORT BY ASSIGNMENTS EDITOR

Coltart, in a statement, said the commencement of the mandatory 30-day voter registration on Monday next week means the earliest possible date of holding elections was August 9.

“Given our current helter-skelter approach to the electoral process let us assume that the nomination courts will sit immediately after the final voters roll has been produced on 10th July,” Coltart said.

“That is when the other aspect of section 157(3) of the Constitution applies — namely the provision that there needs to be a period of at least 30 days between the nomination court date and the election itself. In short, it means that given Mudede’s statement (on voter registration starting on July 9) the election cannot under any circumstances be held lawfully and in compliance with the Constitution before the 9th August 2013.”

The Constitutional court last week ordered President Robert Mugabe to ensure polls were held by July 31.

Coltart said the way out of the Constitutional quagmire was to go back to the Constitutional Court to get a fresh court order enabling the country not to be in “contravention of other electoral provisions” and indeed the Constitution itself.”

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