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President Mugabe dashes to dodge contempt of court again, hints at referendum date and laments resource constraints
Zimbabwe Lawyers for Human Rights (ZLHR)
September 26, 2012

President Robert Mugabe on Wednesday 26 September 2012 dashed to dodge contempt of court charges by begging the High Court for an extension of time allowing him to call for elections in Zimbabwe by 31 March 2013 rather than 1 October 2012 as dictated by the High Court recently, the second such attempt inside one month.

President Mugabe first sought the High Court's indulgence to delay the gazetting of dates for by-elections in three Matebeleland constituencies in August citing the need to mobilise and ascertain the availability of financial resources to stage what he termed "a mini-general election" in all the vacant parliamentary and senatorial constituencies in the country including local authorities.

His plea to the High Court was triggered by a Supreme Court order which in July confirmed the lower court's order that the Zanu PF leader should call for by-elections in three Matabeleland constituencies by the end of August. 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.

On Wednesday, President Mugabe through Justice and Legal Affairs Minister Hon. Patrick Chinamasa once again pleaded with the High Court to be granted more time to mobilise financial resources to stage harmonized elections in all the vacant parliamentary and senatorial constituencies in the country including local authorities before proclaiming the dates for the election.

In an urgent chamber application filed by the Attorney General's Office on Wednesday, President Mugabe disclosed that he would not be able to comply with court orders compelling him to gazette dates for the by-elections by October 1, 2012 and would need a six month extension to do so.

President Mugabe on Thursday 30 August 2012 got a reprieve after Judge President Justice George Chiweshe allowed his request 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 in July.

Hon. Chinamasa disclosed that the government would need $267 573 199 to stage a referendum on a new draft governance charter, together with holding by-elections and harmonized general elections planned for March 31 2013.

President Mugabe said at present such funds are not available to facilitate the holding of the by-elections.
The ZANU PF leader also hinted that the referendum, which will be preceded by the Second All Stakeholders Conference would be held during the first week in November followed by harmonized General Elections set for 31 March 2013.

President Mugabe's elections dilemma was inflicted on him by three former MDC legislators Abednico Bhebhe, Njabuliso Mguni and Norman Mpofu who in 2010 hauled him to the High Court after their parliamentary membership was terminated following their suspension and subsequent expulsion from the MDC party.

Bhebhe, Mguni and Mpofu were first represented by Zimbabwe Lawyers for Human Rights (ZLHR) member, Ndabezinhle Mazibuko, of Calderwood Bryce Hendrie & Partners Legal Practitioners in the Supreme Court and later on by ZLHR board member Beatrice Mtetwa in the High Court, while President Mugabe was represented by Advocate Ray Goba in both the Supreme and High Court appeals, who was instructed by the Civil Division of the Attorney General's Office.

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