Justice minister Patrick Chinamasa yesterday filed an ordinary court application at the Constitutional Court (Concourt), seeking to have an extension of the harmonised election dates from July 31 to August 14 this year.
Report by Charles Laiton
But the application dissociates Zanu PF from the Sadc resolution that President Robert Mugabe must seek an extension to his July 31 poll proclamation.
The development comes after Mugabe had assured regional leaders that he had agreed with the proposal.
In the application, Chinamasa cited Jealous Mbizvo Mawarire, Prime Minister Morgan Tsvangirai, Deputy Prime Minister Arthur Mutambara, MDC leader Welshman Ncube and the Attorney General’s Office as respondents.
Chinamasa stated he was seeking the indulgence of the Concourt, given the directive set out to him by the Sadc extraordinary summit in Maputo last week.
“During the proceedings at the summit I was directed to make an urgent application before this court to seek a postponement of the date for the harmonised elections from July 31 to August 14,” he said. Sadc last week held a summit to discuss Mugabe’s unilateral declaration of an election date and advised the principals in the inclusive government to return and seek a variation of the order.
“I make this application conscious of the fact that this honourable court has made an order and rather than violate it by simply ignoring it as has been suggested by certain political parties cited hereunder,” Chinamasa said. “I seek the indulgence of this honourable court, given the directive given to me by the Sadc extraordinary summit in Maputo.”
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The minister also urged the court to note that at the Sadc summit Tsvangirai submitted saying “the issue of the elections is not a legal issue, but a political process”.
While seeking to urge the court to grant the application in his favour, Chinamasa also urged the Concourt to consider that Zanu PF was not listed as one of the parties whose views were considered by the summit.
“It will be noted that the judgment of this honourable court was not part of the list of annexures to the facilitators’ report to the Sadc summit,”he said.
MDC-T secretary-general and Finance minister Tendai Biti immediately dismissed the move arguing it was an act of “unilateralism”.
“I am not aware of it. It’s not possible. It cannot be done unilaterally. Principals already have a meeting tomorrow (today) where the matter will be resolved. We cannot continue with that unilateralism that hauled Zimbabwe before Sadc heads of States. We can’t continue with that infantile attitude,” Biti last night said.
