14 Judgment No. CCZ 3/18 Constitutional Application No. CCZ 15/18 The timing of the elections is governed by s 158(1)(a) of the Constitution, which provides as follows: “158 Timing of elections (1) A general election must be held so that polling takes place not more than — (a) thirty days before the expiry of the five-year period specified in section 143; …”. The President is obliged under s 144(1), as read with s 158(1)(a), of the Constitution to set dates by proclamation for the holding of harmonised general elections within the period prescribed. The use of the word “must” in both ss 144(1) and 158(1) of the Constitution underscores the fact that the obligation imposed on the President to do what is specified for the specific purpose stated and in the manner prescribed is a mandatory obligation. The immutable requirement is that when the time comes for him to do so, the President has no option but to do what he is specifically bound by the Constitution to do. Section 90(1) of the Constitution imposes on the President the duty to obey the Constitution. Once the President has called and set the dates for the harmonised general elections in terms of s 144(1) of the Constitution, s 158(1)(a) makes it clear that those elections must be held on the dates set. No-one, including the courts, has power to alter what is mandated by the Constitution in clear, unambiguous and mandatory terms. It would be unconstitutional for a Court or Judge to order the President not to call and set dates for the holding of the harmonised general elections as prayed for by the applicants. The mandatory obligation is imposed on the President by the Constitution for the benefit of all the people of Zimbabwe.