A CONSTITUTIONAL application by the Movement for Democratic Change (MDC-T) seeking to challenge the country’s electoral law, was yesterday postponed indefinitely after it emerged that Attorney-General (AG) Prince Machaya had not been served with necessary papers to enable him to file his response on behalf of the government.
BY CHARLES LAITON
Although MDC-T lawyer Eric Matinenga submitted that service of the court papers was done at the AG’s Office sometime in January this year, Deputy Chief Justice Luke Malaba pointed out that the matter would not proceed in the absence of the AG’s input.
Justice Malaba further indicated that it was important to note that when the application was made, Machaya was not the substantive AG hence it was proper to allow the government legal advisor to respond as a cited party.
Early this year, the MDC-T made an application in terms of section 85(1) (a) and (d) as read with section 167 and 176 of the Constitution seeking a declaration that elections held in terms of an electoral law inconsistent with the supreme law were invalid.
“It is submitted that in the absence of an Act of Parliament providing for the conduct of elections within the parameters set out in the Constitution, no valid election can be held,” the MDC-T said.
In response to the application, and in their heads of argument, President Robert Mugabe and the Minister of Justice, Legal and Parliamentary Affairs urged the court to dismiss the application.
“A reading of their (MDC-T) founding affidavit does not show any fundamental rights that they allege to have been violated. Although they point to political rights under section 67 of the Constitution, they do not proceed to show how these rights have been or are likely to be violated by conducting of elections in the absence of an amended Electoral Act.
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“There is nothing in the draft order that refers to any fundamental right having been breached or likely to be breached . . . In the light of the above, it is respondent’s submission that this application should therefore be dismissed.”
The Zimbabwe Electoral Commission and its chairperson Justice Rita Makarau are cited as 1st and 2nd respondents.
