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. 7

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