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Jealousy Mbizvo Mawarire vs Robert Mugabe and others – elections judgment
Constitutional Court of Zimbabwe
May 31, 2013

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In the matter between:

Const. Application No. 146/2013

JEALOUSY MBIZVO MAWARIRE

v
(1) ROBERT GABRIEL MUGABE N.O.

(2) MORGAN RICHARD TSVANGIRAI N.O.

(3) ARTHUR GUSENI OLIVER MUTAMBARA N.O.

(4) WELSHMAN NCUBE

(5) THE ATTORNEY-GENERAL

CONSTITUTIONAL COURT OF ZIMBABWE

CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JA, GARWE JA, GOWORA JA, PATEL JA, HLATSHWAYO JA, CHIWESHE AJA & GUVAVA AJA

HARARE, MAY 24 & 31, 2013

J Mandizha, for the applicant

T Hussein, for the first respondent

Adv Uriri, for the second respondent

Adv T. Mpofu, for the fourth respondent

No appearance for the third and fifth respondents

CHIDYAUSIKU CJ: This is an application brought under s 24(1) of the Constitution of Zimbabwe (hereinafter “the Constitution”) on the basis that the applicant’s rights enshrined in ss 18(1) and 18(1a) have been contravened.

The Parties

The applicant is a citizen of Zimbabwe domiciled in this country and has always regarded this country as his only and permanent home. He is a registered voter in Zaka East Parliamentary Constituency and also a member of the non-governmental organisation, the Centre for Election Democracy in Southern Africa, based in Harare.

The first respondent is the President of Zimbabwe, Robert Gabriel Mugabe, who is cited in his official capacity and as the office-bearer responsible for fixing the date for Parliamentary, Presidential and local authority elections (hereinafter called “the harmonised elections”). He is also cited in his capacity as a principal of the Inter-Party Political Agreement (commonly referred to as the Global Political Agreement (“GPA”)) between his political party, the Zimbabwe African National Union (Patriotic Front) ("ZANU-PF") and the two formations of the Movement for Democratic Change ("MDC"), referred to in Schedule 8 to the Constitution.

The second respondent is Morgan Richard Tsvangirai, who has been cited in his capacity as the Prime Minister of Zimbabwe, who also is a signatory to the “GPA”, representing his formation of the MDC.

The third respondent is Arthur Guseni Oliver Mutambara, who has been cited as the Deputy Prime Minister of Zimbabwe and also due to the fact that he is a signatory to the “GPA”.

The fourth respondent is Welshman Ncube, a Minister in Government and cited herein in his capacity as the representative of the other formation of the MDC, which organisation is a party to the GPA and is represented in the current coalition government.

The fifth respondent is the Attorney-General, who has been drawn into these proceedings in view of their constitutional nature and in his capacity as the principal legal advisor to the Government.

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