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This article participates on the following special index pages:
Zimbabwe's Elections 2013 - Index of Articles
on judgment by the Constitutional Court of Zimbabwe on 2013 elections
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
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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