CHIEF Justice Godfrey Chidyausiku yesterday threw out Prime Minister Morgan Tsvangirai’s appeal against a Supreme Court application made by a Harare man, Jelousy Mawarire, compelling President Robert Mugabe and his coalition partners to announce the day for the forthcominging elections.
Report by Everson Mushava
Mawarire’s lawyer Joseph Mandizha confirmed the development yesterday, adding the matter would now be heard at the Supreme Court on May 24.
“The Chief Justice agreed that the matter is urgent and granted the order sought by Mawarire,” Mandizha said. Through his lawyer Chris Mhike, Tsvangirai had opposed Mawarire’s preliminary application, saying he had failed to demonstrate the urgency of the matter.
Tsvangirai also said the basis for the application was a mistaken interpretation of the Constitution that elections must be conducted by June 29.
Mugabe, MDC leader Welshman Ncube and Deputy Prime Minister Arthur Mutambara did not oppose Mawarire’s application.
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Mandizha added: “The effect of the granting of the order has led to the framing of the roadmap of the filing of the court papers which should lead to the hearing of the matter on Friday May 24.”
In his application, Mawarire who heads the Centre for Election Democracy in Southern Africa, said principals in the inclusive government should urgently proclaim election dates, arguing further delays would confuse and disenfranchise the electorate. Should the elections be delayed, he argued, the country would be running under an illegality without the Executive, Legislature and local government.