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Zimbabwe's Elections 2013 - Index of Articles
Court can amend poll ruling
June 18, 2013
have said the Constitutional Court (Con Court) is duty bound to
review its ruling
for elections to be held by July 31 if it is approached by Justice
minister Patrick Chinamasa as directed
by SADC last week.
yet to approach the court for recourse, Greg Lennington, a constitutional
law expert, said it is not yet clear how the Constitutional Court
would deal with the matter.
be very difficult
to hold elections on July 31 considering the legal procedures
that need to be done before an election,” Lennington said.
possible for the president to seek for an extension, but what is
unclear is how the court will rule.”
Mugabe made a controversial constitutional move by using Presidential
Powers to amend the Electoral Act, by by-passing Parliament
as required under section 157 of the new Constitution.
Morgan Tsvangirai has accused his long-time rival of committing
a “legal coup”. Tsvangirai and leader of the smaller
MDC Welshman Ncube say going to polls on July 31 without fundamental
reforms would precipitate chaos similar to what led to the formation
of a coalition
government in 2009.
files the application, it will add to two other applications also
seeking an extension of the poll date.
in his Con-Court application argues that the holding of general
elections by July 31 would violate his constitutionally-enshrined
rights as a voter to have fair and violence-free polls.
of Bulawayo in her application also says the proclamation of the
nomination date and polling date must allow for the 30-day intensive
voter registration period, which ends on July 10.
a legal expert, said the courts had inherent control over their
orders or decisions.
is why you see people given bail; go to the same court to seek for
variation of conditions of their bail,” Hwacha said.
“Also in this case, the Constitutional Court can review their
previous decisions basing on the arguments that would have been
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