PRIME Minister Morgan Tsvangirai yesterday withdrew his High Court application in which he was seeking to block President Robert Mugabe from proclaiming June 29 as the date for harmonised elections.
REPORT BY CHARLES LAITON
This was after it emerged the dispute was not about harmonised elections, but by-elections for three Matabeleland constituencies.
Judge President George Chiweshe said the impasse between Mugabe and the three former MDC legislators had nothing to do with the Tsvangirai.
“I am interested in finding out on whether we should have by-elections or not and I am not here to decide on the general election date. The Prime Minister has nothing to do with the holding of by-elections,” Justice Chiweshe said.
Tsvangirai had submitted a joinder application with the three MPs after Mugabe had sought to hold harmonised elections by June 29. The Premier approached the High Court last Thursday requesting to be included as the fourth respondent in the matter together with three former MPs – Abednico Bhebhe, Njabuliso Mguni and Norman Mpofu.
The trio has been fighting Mugabe in court demanding that he proclaims by-elections in the three constituencies that fell vacant after they were expelled from their party in 2009.
Justice Chiweshe is today set to decide on whether the current Parliament should be dissolved on June 29 according to Mugabe’s application, as opposed to October 29, an argument advanced by the former MPs.
“If Parliament will be dissolved on June 29, then it would not be possible to call for by-elections, but if it does on October 29, there will be time to do so,” Justice Chiweshe said before rolling over the matter to today.
The argument over the dissolution of Parliament came about after Mugabe abandoned his earlier application seeking interim relief from the courts to be allowed to conduct harmonised elections by the end of June.
Advocate Prince Machaya, who is representing Mugabe, indicated that his client’s application was now centred on the feasibility of conducting by-elections in June if Parliament would be dissolved around the same time.
Machaya said: “Our application does not involve the date on which harmonised elections should be held. Although we have indicated the terminal date in our papers, the interim relief initially sought now falls away.”
Tsvangirai’s lawyer Chris Mhike told the court that he would consult with his client on the possibility of withdrawing his joinder application now that the dispute centred on by-elections and not general elections.
“The basis for a joinder falls away and my learned friend (Machaya) is still taking instructions from his principals in finding an amicable solution to the matter,” Mhike said.
Tsvangirai loses court challenge : HERALD
PRIME MINISTER Morgan Tsvangirai has no role to play in the by-election case pitting President Mugabe and three former MDC legislators, Judge President George Chiweshe said yesterday.
Prime Minister Tsvangirai had filed an application to be included as a respondent in the proceedings in which President Mugabe made two urgent chamber applications seeking an extension of the March 31 by-election deadline to June 29 this year.
The President was last year ordered to set by-election dates for three constituencies — Nkayi South, Bulilima East and Lupane East — by March 31.
This followed an application by Abednico Bhebhe, Njabuliso Mguni and Norman Mpofu, all former MDC legislators for the constituencies in question.
This followed an application by Abednico Bhebhe, Njabuliso Mguni and Norman Mpofu, all former MDC legislators for the constituencies in question.
The Prime Minister had argued that he was never consulted when President Mugabe came up with June 29 as the date by which the harmonised elections would have been held.
The Judge President said the PM had no role in the dispute after the Deputy Attorney General Advocate Prince Machaya said they were abandoning their application for an interim relief and doing away with references made in their application concerning harmonised elections.
The Judge President said the PM had no role in the dispute after the Deputy Attorney General Advocate Prince Machaya said they were abandoning their application for an interim relief and doing away with references made in their application concerning harmonised elections.
Dep AG Machaya said they would now seek a final order doing away with insinuations of the harmonised elections, prompting Mr Tsvangirai’s lawyer Mr Chris Mhike to concede that the PM’s application would fall away as there was a possible amicable way of solving the matter with President Mugabe.
He, however, said he would consult Mr Tsvangirai on the matter.
Judge President Chiweshe, however, said; “The Prime Minister has no role to play even if you consult it will not sway the court . . . But if it was harmonised elections then he has a role to play,” he said.
Judge President Chiweshe, however, said; “The Prime Minister has no role to play even if you consult it will not sway the court . . . But if it was harmonised elections then he has a role to play,” he said.
EARLIER
The Judge President also told the parties that he cannot set dates for harmonised or by-elections, adding that the issue should be on whether Parliament is dissolved by June 29 or October 29.Advocate Thabani Mpofu, who is representing the deposed, all former MDC legislators, for the constituencies in question said according to the Constitution, Parliament would be dissolved on October 29 while Dep AG Adv Machaya said it should be dissolved by June 29.
Judge President Chiweshe said if Parliament ends in June it is not feasible to hold by-elections but it can be possible if it ends in October.
The two parties would today argue on the lifespan of Parliament while Mr Mhike would attend as a friend of the court after the Judge President accepted his request.
President Mugabe made two urgent chamber applications seeking an extension of the March 31 by-election deadline to June 29 this year.
In the applications, President Mugabe argued that the idea of holding by-elections and a few months later hold harmonised elections did not make economic and/or practical sense.
In the other application, the Zimbabwe National Youth Service Graduates’ Association obtained a High Court order compelling the President to set dates for by-elections to be held in all vacant constituencies countrywide.
However, President Mugabe seeks to be excused from complying with the March 31 deadline provided harmonised elections would be held shortly.
Bhebhe, Mguni and Mpofu filed their notice of opposition through the Zimbabwe Lawyers for Human Rights in which they challenged the High Court’s jurisdiction over the application.
They argued that the court had no power to condone or suborn disobedience of its own order.


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