This is an application brought under section 24(1) of the Constitution of Zimbabwe (hereinafter “the Constitution”) on the basis that the applicant's rights, enshrined in sections 18(1) and 18(1a), have been contravened.The PartiesThe applicant is a citizen of Zimbabwe domiciled in this country and has always regarded this country as ...
This is an application brought under section 24(1) of the Constitution of Zimbabwe (hereinafter “the Constitution”) on the basis that the applicant's rights, enshrined in sections 18(1) and 18(1a), have been contravened.
The Parties
The applicant is a citizen of Zimbabwe domiciled in this country and has always regarded this country as his only and permanent home. He is a registered voter in Zaka East Parliamentary Constituency and also a member of the non-governmental organisation, the Centre for Election Democracy in Southern Africa, based in Harare.
The first respondent is the President of Zimbabwe, Robert Gabriel Mugabe, who is cited in his official capacity and as the office-bearer responsible for fixing the date for Parliamentary, Presidential, and local authority elections (hereinafter called “the harmonised elections”). He is also cited in his capacity as a principal of the Inter-Party Political Agreement (commonly referred to as the Global Political Agreement (“GPA”) between his political party, the Zimbabwe African National Union (Patriotic Front) ("ZANU-PF") and the two formations of the Movement for Democratic Change ("MDC"), referred to in Schedule 8 to the Constitution.
The second respondent is Morgan Richard Tsvangirai, who has been cited in his capacity as the Prime Minister of Zimbabwe, who also is a signatory to the Global Political Agreement (GPA), representing his formation of the MDC.
The third respondent is Arthur Guseni Oliver Mutambara, who has been cited as the Deputy Prime Minister of Zimbabwe and also due to the fact that he is a signatory to the Global Political Agreement (GPA).
The fourth respondent is Welshman Ncube, a Minister in Government and cited herein in his capacity as the representative of the other formation of the MDC, which organisation is a party to the Global Political Agreement (GPA) and is represented in the current coalition government.
The fifth respondent is the Attorney-General, who has been drawn into these proceedings in view of their constitutional nature and in his capacity as the principal legal advisor to the Government.
Background
On 2 May 2013, the applicant issued an urgent Court Application against the above five respondents.
Before any opposition was filed to the court application, the applicant was, on 6 May 2013, directed by the Registrar of the Supreme Court of Zimbabwe to file a separate urgent Chamber Application seeking leave for the urgent hearing of his Court Application, if such was his wish.
The application proceeded to do so in case Number SC157/2013.
This urgent Chamber Application was subsequently heard on 15 May 2013. On 17 May 2013, the order sought by the applicant in the urgent Chamber Application was granted.
