BILL WATCH 18/2013
[31st May 2013]
Constitutional Court Orders Elections by End of July
Election Date Case
Judgment was handed down this afternoon, 31st May by Chief Justice Chidyausiku on behalf of the new Constitutional Court in
the case brought by Jealously Mawarire, a private citizen, a registered voter and a member of the Centre for Election Democracy in Southern Africa. His complaint was that his constitutional rights to have elections before the 30th June had been violated by the failure to do so by the President.
The judgment ended with the following order:
“ Accordingly, the first respondent [President Mugabe] is hereby ordered and directed to proclaim as soon as possible a date(s) for the holding of Presidential election, general election and elections for members of governing bodies of local authorities in terms of section 58(1) of the Constitution of Zimbabwe, which elections should take place by no later than 31 July 2013.”
Seven judges agreed with the ruling, but there were two dissenting opinions by Justice Bharat Patel and Justice Luke Malaba.
The Judges sitting for the hearing on 24th May were:
Hon Godfrey Chidyausiku, Chief Justice, Hon Luke Malaba, Deputy Chief Justice, and Justices Vernanda Ziyambi, Paddington Garwe, Anne-Marie Gowora, Bharat Patel and Ben Hlatshwayo, Judge-President George Chiweshe and Justice Antonia Guvava [Justices Chiweshe and Guvava are acting judges of the Supreme Court].
Veritas will be making the text of the judgment available shortly.
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