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  • Zimbabwe's Elections 2013 - Index of Articles

  • Statement on judgment by the Constitutional Court of Zimbabwe on 2013 elections
    National Constitutional Assembly (NCA)
    June 03, 2013

    1. The NCA has now fully studied the judgment delivered by the Constitutional Court on Friday, 31 May 2013.

    2. The judgment orders the President of the Republic of Zimbabwe to ensure that the 2013 elections are held on or before 31 July, 2013.

    3. The judgment is specific that the order being made against the President is to “restore the rule of law to the electoral process”.

    4. The NCA welcomes the judgment as sound in law, good to the country and an exercise in constitutionalism. In particular, the Constitutional Court has made three critical principles which must guide our nation now and in the future, namely:

    • That at all times, we must have the three organs of state in place. Under no circumstances may this country be under rule by the executive. Is this not what genuine democracy is all about?
    • Any individual citizen, whatever his or her station in life, female or male, rich or poor, educated or uneducated has a right to approach the courts and insist on the country being governed in accordance with the law.
    • The timing of elections is not an exclusive terrain of self-serving politicians. The Constitutional Court will always ensure that elections are held when due. This protects our nation from the tyranny of dominant politicians of the day.

    5. The NCA urges the President to follow both the letter and spirit of the judgment and ensure that elections are held on or before 31 July, 2013 in order to guarantee the principles in 4 above. While the letter of the judgment is ordering an election by 31 July, 2013, its spirit requires a free and fair election.

    6. The disputes surrounding the election date were genuine but have been resolved with finality. This country cannot be in a permanent election mode. All voters and political parties must accept that the date of the elections can no longer be negotiated beyond 31 July, 2013.

    7. The NCA believes that there is adequate time for voter registration if ZEC works to its full capacity. ZEC must therefore ensure that there is a credible voters roll before the elections.

    8. The judgment of the Constitutional Court is binding on SADC. SADC has to work within the time-frame outlined in the judgment and provide its facilitation only with a view to an election on or before 31 July,2013.

    9. The NCA reiterates its call for a peaceful election and looks forward to a post-election devotion by all to improving our life and working towards a democratic and prosperous country.

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