MDC leader Welshman Ncube yesterday filed a Constitutional Court (Concourt) application arguing the July 31 election date set by President Robert Mugabe would not provide for a free and fair harmonized election due to time constraints.
REPORT BY CHARLES LAITON
Ncube filed the application saying the holding of harmonized elections on a date earlier than August 12, 2013 was inconsistent with provisions of sections 67(1)(a) and (b) and 67(3)(a) and (b) of the new Constitution of Zimbabwe.
Ncube joined Prime Minister Morgan Tsvangirai in calling for an extension of the July 31 poll date.
He said the court judgment of May 31, 2013 setting the date by which the election must be held should be varied by the extension of the time lines.
“My rights will be breached if the time lines set out under the judgment of this court are not extended. The guarantor of the GPA has already taken that view.
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I am aware that third respondent (Tsvangirai) also takes the same view. Not only will my rights be infringed but the rights of those who support my candidature and party, the rights of those who want to participate in a free and fair election will similarly be infringed. This court accordingly has an obligation to ensure that those rights are not violated,” Ncube said.
The MDC leader also took a swipe at Justice minister Patrick Chinamasa’s application to the Concourt seeking a date extension as resolved by Sadc saying the application was deliberately constructed to fail.
“It is clear that Mr Chinamasa has no intentions of complying with a (Sadc) directive which will ensure that a free and fair election is held. He leaves us speculating as to why he has adopted this disturbing attitude. He is therefore bent on proceeding in a manner which will present a disputed election in which there is no guarantee of the participation of myself and third respondent,” he said.
Hearings into the election impasse starts today at the Concourt with eight cases on the roll.