Constitutional Court
Mawarire v Mugabe NO & Ors
Chidyausiku CJ
President enters office in terms of section 28(5) after an election referred
to in section 28(3)(a), and shall then stand dissolved:
Provided that, where the period referred to in this subsection is
extended under subsection (5) or (6), Parliament, unless sooner dissolved,
shall stand dissolved on the expiration of that extended period.
'
[Subsection inserted by section 14 of Act No. 11 of 2007 (Amendment No. 18)]
(5) At any time when Zimbabwe is at war, Parliament may from time to
time extend the period specified in subsection (4) by not more than one year
at a time:
Provided that such period shall not be extended under this subsection for
more than five years.
(6) At any time when there is in effect a declaration under section 3lJ(1),
Parliament may from time to time extend the period specified in subsection
(4) by not more than six months at a time:
Provided that such period shall not be extended under this subsection for
more than one year.
[Subsection amended by section 26 of Act No. 23 of 1987 (Amendment No. 7)]
(7) Subject to the provisions of subsection (4), any prorogation or
dissolution of Parliament shall be by proclamation in the Gazette and, in
the case of a dissolution, shall take effect from the day preceding the day
or first day, as the case may be, fixed by proclamation in accordance with
section 58(1) for the holding of a general election.
(8) On the dissolution of Parliament all proceedings pending at the time
shall be terminated and accordingly every Bill, motion, petition or other
business shall lapse. 11
(emphasis added).
Although on the face of it ss 58 and 63 deal with distinct but related constitutional
matters - the fixing of dates for elections on the one hand and the life of Parliament on the
other - the interrelatedness of these matters creates a maze of back and forth crossreferencing between s 58(1) and ss 63(4) and 63(7). These provisions are also subject to
stipulations in the Constitution itself and the Electoral Act especially with regard to time
limits. However, there are some conclusions that can be teased out of this maze to aid the
interpretation of the provision in question a)
There must be a proclamation fixing the dates for elections which is
issued by the President in the Gazette according to ss 58(1) and 63(7).
b)
Section 63(7) is subjected to the provisions in s 63(4) in the sense that
the President may not dissolve Parliament and fix dates which fall
outside the life of Parliament. In other words, elections following a
Presidential dissolution of Parliament must be held before the expiry of
the life of that Parliament. There are other provisions in s 64(4) which
might have necessitated the subjection of s 63(7) to it, viz. that
dissolution of Parliament following expiry of its extended period is
automatic, whereas s 63(7) requires all other dissolutions to be by
proclamation.
c)
The fixing of election dates must take into account the mandatory time
limits set out in the Constitution and the Electoral Law.
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