The Constitutional Court yesterday struck off the roll an application by one of the 2018 aspiring presidential candidates, Ignatius Masamba, who was seeking an order compelling Vice-President Emmerson Mnangagwa to introduce a motion in parliament to debate whether or not the country must hold a referendum to invite the United Nations (UN) to supervise next year’s general elections.
BY CHARLES LAITON
Masamba, who was self-acting in the proceedings, had cited Vice-President Emmerson Mnangagwa and the Zimbabwe Electoral Commission (Zec) as respondents, arguing that the next year’s election results would only be regarded as credible if they were monitored by UN agents.
However, the ConCourt bench declined to entertain the matter, saying Masamba was not properly before the court and also that the court had no jurisdiction to order Parliament to invite UN monitors.
“I am sure you may not be happy with what is happening in this country. It is your constitutional right to feel that way. But you cannot approach this court and seek an order to compel Parliament to force them to invite the UN to monitor elections. That is not our duty. You can petition Parliament yourself, if you so wish,” Chief Justice Luke Malaba said in his brief ruling.
In his application, Masamba argued that he feared the upcoming polls would be rigged by Zanu PF if international observers were excluded from the process.
“Why must events here not be under the microscopic eye of the UN directly to monitor one of the perennially disputed election results in 2018? Then, (President Robert) Mugabe will be exonerated if he wins. Those in the opposition, probably, falsely accuse him of rigging. And if Mr Mugabe wins, some of the opposition party leaders, if not all, will then look the guiltiest villains,” he said.
Masamba further said Mnangagwa, as Justice minister and an MP, should lobby Parliament to order a referendum on the matter.
