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Reprieve for Mugabe
Zimbabwe Lawyers for Human Rights (ZLHR)
August 30, 2012

The Judge President of the High Court on Thursday 30 August 2012 allowed a request by President Robert Mugabe for more time to fix dates for a "mini-general election" by 1 October 2012 rather than 30 August 2012 as dictated by the Supreme Court recently.

Prominent human rights lawyer and Zimbabwe Lawyers for Human Rights board member, Beatrice Mtetwa, represented three former MDC legislators Abednico Bhebhe, Njabuliso Mguni and Norman Mpofu, who consented to a request by Fortune Chimbaru from the Attorney General's Office, who represented President Mugabe, to allow the ZANU PF leader to gazette a notice fixing dates for by-elections in three Matabeleland constituencies and other vacant constituencies including local authorities seats 30 days later than ordered by the court.

The consent order came after President Mugabe pleaded with the High Court on Thursday 30 August 2012 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 chamber application filed 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.

The Supreme Court in July 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.

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 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 in 2010 after their parliamentary membership was terminated following their suspension and subsequent expulsion from the MDC party.

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