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Minister Chinamasa

Harare Bureau
GOVERNMENT has filed an application for extension of the 31 July deadline for holding the harmonised elections after a Sadc extraordinary summit in Mozambique over the weekend urged the inclusive Government to approach the court  for a two-week extension.Justice and Legal Affairs Minister Patrick Chinamasa yesterday mounted the application on behalf of the inclusive Government.

He said President Mugabe has much respect for the Constitutional Court ruling of 31 May and that he had already complied with the judgment by fixing the election date as 31 July.

Minister Chinamasa said pressure from MDC formations and other political parties in Zimbabwe resulted in Sadc directing Government to seek extension of the election date.

Mr Jealousy Mawarire  of the Centre for Eelections and Democracy who obtained the order for the 31 July deadline, Prime Minister Morgan Tsvangirai, Deputy Prime Minister Arthur Mutambara, MDC leader Professor Welshman Ncube and the Attorney General were cited as respondents in the fresh application.

Minister Chinamasa said he was specifically directed by the summit to make an urgent application for the extension of the election date.
“During the proceedings at the said summit, I in particular, was directed to make an urgent application before this Honourable Court (Constitutional Court) to seek a postponement of the date for the harminised general election 31 from July 2013 to 14 August 2013.

“In view of the above and in my capacity as the minister responsible for the administration of the Electoral Act, I pray for an order for the extension of the elections to the 14th of August 2013,” he argues.

The relevant part of the communique directing Zimbabwe to seek extension of the election date reads:
“Summit acknowledged the ruling of the Constitutional Court of Zimbabwe on the election date and agreed on the need for the Government of Zimbabwe to engage the Constitutional Court to seek more time beyond the 31 July 2013 deadline for holding the election.”

Minister Chinamasa emphasised that the application was filed despite the fact that President Mugabe had complied with the court order.
“I reiterate that His Excellency the President Cde RG Mugabe, is respectful of the ruling by this Honourable Court that the rule of law should be restored as regards the electoral process and thus has fully complied with the order of this court in terms of the law without any legal difficulties or impediments.

“It is only the development referred to above, initiate by the second and fourth respondents (PM Tsvangirai and Prof Ncube) precipitating a directive of the extraordinary summit of Sadc held in Maputo on 15 June 2013.

“In compliance with the order of this Honourable Court, his Excellency the President promulgated the Presidential Powers (Temporary Measures Amendment of Electoral Act) Regulations 2013, which align the Electoral Act with the new Constitution.
“The regulations were published in the Gazette on the 12th of June 2013 . . .”

The election date was fixed as 31 July and nomination court date was set for 28 June in a proclamation issued on 13 June in terms of Statutory Instrument 86/2013.

Minister Chinamasa said Prime Minister Tsvangirai and Prof Ncube had some misgivings about the order of the Constitutional Court and lobbied Sadc inviting them to intervene and set aside the court order.

“Unilaterally second respondent (PM Tsvangirai) sought an extension to the 31st of October 2013 while fourth respondent (Prof Ncube) suggested an extension to the 9th of September 2013.

“They both later changed their positions with the second respondent suggesting the 12th of August and the fourth respondent sugggesting the 14 of August 2013,” reads the application.

That, according to Minister Chinamasa, invited Sadc intervention and Government got a directive to seek extension of the period.