Constitutional Court Mawarire v Mugabe NO & Ors Chidyausiku CJ The response to this rather simple and straightforward question has elicited contradictory responses from the second and fourth respondents on the one hand, and the applicant, on the other. The responses from the second and fourth respondents also show a serious divergence of opinion between them. According to the second respondent, who is the Prime Minister and an important part of the Executive: "What is plain from section 58 (1) of the Constitution of Zimbabwe, as read with other relevant sections, is the fact that if the terms of Parliament, local government authorities, and of the President expire on 29 June 2013 through the natural passage of time (as opposed to induced dissolution or prorogation) elections must be conducted within four (4) months of the automatic dissolution of Parliament. (emphasis is added)" The fourth respondent, who himself is a Minister of Government and leader of a party to the Global Political Agreement, takes the following similar position when he states: 'Alternatively, if the President does not dissolve Parliament and allows it to automatically dissolve by operation of law on the last day of its five year term, in that event the President must cause an election to be held within four months of the date of the automatic dissolution of Parliament." (emphasis added) He then goes on to say: "The Constitution permits that an election be held anytime within four months after the dissolution of Parliament by operation of law at the expiration of its five year term and hence that Constitution, by so providing, contemplates and allows that there may be no Parliament between its automatic dissolution and the holding of an election within four months of that dissolution. " (emphasis added) The first respondent disagrees with the interpretation by the second and fourth respondents, saying it is not supported by the Constitution or the canons that govern its interpretation. Instead, the first respondent agrees with the interpretation placed by the applicant on ss 58 and 63 of the Constitution. Section 58(1) simply states: "(1) A general election and elections for members of governing bodies of local authorities shall be held on such day or days within a period not exceeding four months after the issue of a proclamation dissolving Parliament under section 63(7) or, as the case may be, the dissolution of Parliament under section 63(4) as the President may, by proclamation in the Gazette, fix." Now, it is clear that s 58(1), read in its ordinary sense, deals with the timing of elections or the fixing of dates for elections by proclamation. If one were to pose the question "when are harmonised general elections to be held?" and seek an answer from the above quoted provisions of s 58(1), two possible answers emerge, depending on punctuation and emphasis and are juxtaposed below as READING "A" and "B": READING" A" "PART 6 Elections and Sessions 5