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Mugabe sets non-existent date

Politics
PRESIDENT Mugabe has found himself in an embarrassing gaffe as it emerged the date he set for the sitting of the electoral nomination court does not exist on this year’s calendar.

PRESIDENT Robert Mugabe has found himself in an embarrassing gaffe as it emerged the date he set for the sitting of the electoral nomination court in Statutory Instrument 86 of 2013, does not exist on this year’s calendar.

Report by Charles Laiton

The issue was yesterday raised by Prime Minister Morgan Tsvangirai in an application filed at the Constitutional Court (Concourt) seeking an extension of the July 31 election date.

Tsvangirai has accused Mugabe of not consulting him on matters concerning the Global Political Agreement (GPA) leading to the date boob.

“As stated earlier in this affidavit, the proclamation which followed the Presidential Regulations amending the Electoral Act also has serious legal challenges. Not only is the proclamation void or voidable because it was issued without consulting Cabinet and I as the Prime Minister in contravention of the Constitution, but also because even on the face of it, it is incurably defective,” Tsvangirai said.

“The proclamation is defective because it does not state the day or days on which the nomination court for President, the National Assembly and council will be held. Thursday the 28th of June is not a date which appears on any calendar.”

Tsvangirai further said the public and him included, as both a citizen and a Minister, had

a legitimate substantive and procedural expectation that Mugabe should have consulted Cabinet and otherwise acted fairly before he made the decision proclaiming a date for the elections and for the sitting of nomination courts.

“I respectively believe that people were generally taken by surprise by the ruling of this Honourable Court in the Jealousy Mawarire case on May 31 2013. As the Honourable Court noted, two or more interpretations were possible for Section 58(1) in the old Constitution until its ruling,” Tsvangirai said.

“This Honourable Court had authority to decide between the two interpretations and did so. However, it may be appreciated that until this, it is my humble view that most people and bodies including the first respondent (Mugabe) were not prepared for an earlier deadline.” Turning to the issue of an application seeking extension of the election dates by two weeks by Justice Minister Patrick Chinamasa, Tsvangirai said the period was inadequate.

“It is my humble view and request that not only is an extension justified in the circumstances, but also that the two-week extension sought by second applicant (Chinamasa) in case CCZ35, 13 is inadequate to deal properly with the issue,” the PM said.

“What informs my views that a two week extension is not adequate are considerations, as stated, that both the proclamation and the Presidential Electoral Regulations will have first to be set aside, withdrawn or realigned to the law before a legitimate election can take place. I respectfully emphasise the need to prevent a legitimacy deficit which would plunge the country into further uncertainty.” The PM said all electoral environment issues agreed by parties at Sadc were both real, important and that adherence to them would help ensure the credibility of the elections.

As a matter of emphasis to the Concourt, Tsvangirai placed before the court a compilation of security sector related statements, some made by serving personnel which he said were clearly contrary to the Constitution and threatened the pending electoral process.

“Further I respectfully testify that it is presently still a problem that State-controlled media is extremely partisan. Should this issue be disputed, I respectfully request this Honourable Court the indulgence and opportunity to present before the Court “news” and other State media broadcasts and publications to put the reality of the matter beyond question,” Tsvangirai said.

Tsvangirai cited Mugabe, Chinamasa, MDC leader Welshmen Ncube, Mawarire, DPM Arthur Mutambara, The Zimbabwe Electoral Commission (ZEC) and Attorney-General (AG) as respondents.