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Supreme
Court dismisses presidential election appeal
Zimbabwe Lawyers for Human Rights (ZLHR)
July 12, 2012
The Supreme
Court on Thursday 12 July 2012 dismissed an appeal filed by President
Robert Mugabe challenging a High Court decision directing him to
gazette a date for by-elections to be conducted in three parliamentary
constituencies in Matabeleland Provinces.
President Mugabe
had appealed against Justice Nicholas Ndou's decision in October
2011 ordering him to ensure by-elections for Nkayi South, Bulilima
East and Lupane East were held, as they were constitutionally long
overdue.
But on Thursday
12 July 2012 Chief Justice Godfrey Chidyausiku handed down the operative
part of a unanimous judgment of the Constitutional Court (the order)
dismissing President Mugabe's appeal and ordering him to publish
in the Government Gazette "a notice ordering new elections
to fill the vacancies as soon as possible but by no later than 30
August 2012."
Chief Justice
Chidyausiku, Judges of Appeal Vernanda Ziyambi, Paddington Garwe,
Anne-Mary Gowora and Acting Judge of Appeal Yunus Omerjee heard
the appeal whilst sitting as a Constitutional Court on Thursday
5 July 2012.
President Mugabe
was initially taken to the High Court by three former MDC Members
of Parliament Abednico Bhebhe, Njabuliso Mguni and Norman Mpofu
in 2010 after their parliamentary membership was terminated following
their suspension and subsequent expulsion from the MDC party.
Chief Justice
Chidyausiku said the Constitutional Court unanimously agreed that
the language in Section 39 of the Electoral
Act is explicit and does not confer any discretion on President
Mugabe not to comply with the Act.
Bhebhe, Mguni
and Mpofu were represented by Zimbabwe Lawyers for Human Rights
member, Ndabezinhle Mazibuko, of Calderwood Bryce Hendrie &
Partners Legal Practitioners, while President Mugabe was represented
by Advocate Ray Goba, who was instructed by the Civil Division of
the Attorney General's office.
Visit the ZLHR
fact sheet
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