Con-Court throws out MDC challenge

HARARE - The Constitutional Court has struck off the motion roll an MDC challenge against the holding of elections under the current electoral laws.

Morgan Tsvangirai’s opposition party, which is represented by Eric Matinenga instructed by Chris Mhike, is seeking a declaration that invalidates the holding of elections in terms of an Electoral Act it argues is inconsistent with the Constitution.

Constitutional Court judges yesterday expressed reservations on MDC’s right or capacity to bring such a court action.

Deputy chief justice Luke Malaba queried why MDC had brought the application to court yet it did not take part in any elections after the 2013 general elections.

The court further observed the need for the MDC to cite the parties that won the June 10, by-elections on the basis that they were victorious using electoral laws that do not enable a free and credible election.

Through the party’s secretary-general Douglas Mwonzora, the MDC argued, “There is no law which permits the holding of elections under electoral laws that are ultra vires the Constitution. The current Electoral Act without the necessary alignment with the supreme law of the land is incapable of enabling a free and credible election.”

The MDC argued that there was need to bridge the gap between the enabling act and the Constitution.

The MDC further said that holding elections with a defective constitution was a “self-aggrandisement exercise for the benefit of some of the respondents and their families”.

Chief justice Godfrey Chidyausiku asked the MDC why it did not rush to stop the June 10 by-elections as opposed to pursuing the claim.

“You should have rushed to the court to stop the election and not to come to court when the horses have already bolted out,” Chidyausiku said.

He also stressed the need for the citation of other interested parties, who may be affected by the court order, forcing the matter to be struck off the roll.

In the application, the party cited the Zimbabwe Electoral Commission, (Zec), Zec chairperson Rita Makarau, registrar general of elections, Tobaiwa Mudede, President Robert Mugabe, justice minister Emmerson Mnangagwa and attorney general Prince Machaya as respondents.

Comments (3)

ndozvazvinoita kuvanhu vanobiridzira vano biridzirwawo. nhasi zvarwadza but you also breach your own constitution so that you can overstay as leader of the mdc. dindingwe rino nakirwa nekukweva rimwe kana rokwevewa iro roti mavara angu azara ivhu. constitutions should be upheld by every one whether be it zanu or mdc.

zvirozviyedzwa - 1 October 2015

Its fool hard for MDC-T to launch a complain against the election in which it didnt participate. These people ie MDC-T should go to school, so that they can understand.

Diaspora 2 - 3 October 2015

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