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Mugabe begs for time to gazette by-elections date, confirms govt dilemma over resources to fund elections
Zimbabwe Lawyers for Human Rights (ZLHR)
August 28, 2012

President Robert Mugabe on Tuesday 28 August 2012 moved to evade contempt of court charges by begging the High Court for an extension of time allowing him to call for a "mini-general election" by 1 October 2012 rather than 30 August 2012 as dictated by the Supreme Court recently.

The Supreme Court on Thursday 12 July 2012 confirmed a High Court order that President Mugabe should call by-elections in three Matabeleland constituencies by the end of August. This came after President Mugabe had appealed against High Court Judge, 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 Tuesday 28 August 2012, President Mugabe pleaded with the High Court to be allowed more time to mobilise and ascertain the availability of financial resources to stage a mini-general election in all the vacant parliamentary and senatorial constituencies in the country including local authorities. In an urgent application filed yesterday by the Civil Division of the Attorney General's Office, President Mugabe disclosed that he would not be able to comply with the Supreme Court's order compelling him to gazette dates for the by-elections by 30 August 2012 and would need a month's extension to do so.

Justice and Legal Affairs Minister, Hon. Patrick Chinamasa, who deposed to an affidavit on behalf of President Mugabe, who is currently attending the Non-Aligned Movement summit in Teheran and will only be back in the country after 31 August said the ZANU PF leader is desirous to comply with the court's order and conduct by-elections not only in the given three Matabeleland constituencies but to fill the vacant seats in other constituencies in the country.

President Mugabe argues that conducting "28 parliamentary and senatorial by-elections together with 164 local authority bye-elections" in the vacant constituencies is tantamount to holding a mini-general election, which would require the mobilisation of huge financial resources and wide consultations of which he has not been able to do so in the given period due to "his busy schedule" and "circumstances beyond his control". Hon. Chinamasa said President Mugabe is keen to comply with the court order if it is extended by one month to 1 October 2012 as he would have carried out extensive consultations with other crucial stakeholders and mobilised enough resources to cater for the holding of the mini-general election.

President Mugabe was initially hauled to the High Court by three former MDC legislators 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. In opposing President Mugabe's Supreme Court appeal, Bhebhe, Mguni and Mpofu were represented by Zimbabwe Lawyers for Human Rights member, Ndabezinhle Mazibuko, of Calderwood Bryce Hendrie & Partners Legal Practitioners, while the ZANU PF leader was represented by Advocate Ray Goba, who was instructed by the Civil Division of the Attorney General's office.

The disclosures by President Mugabe on the lack of financial resources to fund by-elections confirms the abstemious revelations by Finance Minister Hon. Tendai Biti, who has repeatedly cautioned those clamouring for the staging of general elections that the government's purse was empty and could only fund a referendum on a new draft governance charter.

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