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Mbizvo Mawarire vs Robert Mugabe and others – elections judgment
Court of Zimbabwe
May 31, 2013
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In the matter
Const. Application No. 146/2013
(1) ROBERT GABRIEL MUGABE N.O.
(2) MORGAN RICHARD
(3) ARTHUR GUSENI
OLIVER MUTAMBARA N.O.
(5) THE ATTORNEY-GENERAL
COURT OF ZIMBABWE
CJ, MALABA DCJ, ZIYAMBI JA, GARWE JA, GOWORA JA, PATEL JA, HLATSHWAYO
JA, CHIWESHE AJA & GUVAVA AJA
24 & 31, 2013
for the applicant
T Hussein, for
the first respondent
Adv Uriri, for
the second respondent
Adv T. Mpofu,
for the fourth respondent
for the third and fifth respondents
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
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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