Constitutional Court Mawarire v Mugabe NO & Ors Malaba DCJ/Patel JA clearly falls in the "within four months after the automatic dissolution of Parliament argument". It also defeats logic for the majority to find that the President has broken the supreme law of the land and at the same time authorise him to continue acting unlawfully. That is a very dangerous principle to apply as it has no basis in law. The principle of the rule of law just does not permit of such an approach. A finding that the President has a discretionary power under s 58(1) which he has to exercise within the prescribed time limits would clearly avoid such a contradictory order by the majority. For all these reasons I should dismiss the application with costs. PATEL JA: On the question of locus standi, I entirely concur that the applicant has established the requisite standing to institute this application. Pursuant to s 18(1) of the former Constitution, which guarantees the protection of the law and constitutional due process, he undoubtedly has the right to have general elections held when they are due as prescribed by the law. By the same token, s 18(1 a) of that Constitution bestows upon him a legitimate expectation that the President, the first respondent, will exercise his functions as a public officer in fixing election dates in accordance with the law. The fact that he has an alternative administrative law remedy by way of mandamus does not, in my view, preclude his entitlement to approach this Court for constitutional relief. In this regard, I respectfully adopt the reasoning and conclusions of the learned CHIEF JUSTICE. Turning to the substantive merits of the matter, the principal issue for determination is the meaning of and interrelationship between ss 58(1), 63(4) and 63(7) of the former Constitution. On this aspect, I fully endorse the principle of constitutionalism that informs the approach taken by the learned CHIEF JUSTICE and the majority of the Court. However, I am constrained, with the utmost respect, to disagree with the construction that they place on the provisions under review, in particular, on s 58(1). The tripartite structure of the State is the keystone of every constitutional democracy and the need to safeguard the attendant separation of powers is unquestionably paramount. However, as was recognised in Mike Campbell (Pvt) Ltd and Anor v Minister of Lands and Anor 2008 (1) 17 CS) at 33-35, the clear words of a Constitution must be construed to override any doctrine of constitutionalism predicated on essential features or core values. In general, the principles governing the interpretation of a Constitution are basically the same as those governing the interpretation of statutes. One must look to the words actually used and deduce what they mean within the context in which they appear. See Hewlett v Minister of Finance 1981 ZLR 571 (S) at 580. If the words used are precise and unambiguous, then no more is necessary than to expound them in their natural and ordinary sense. See The Sussex Peerage (1843-1845) 65 RR 11 at 55. In essence, it is necessary to have regard to the words used and not to depart from their literal and grammatical meaning unless this leads to such an absurdity that the Legislature could not have contemplated it. See, in this regard, the case authorities cited by the learned CHIEF JUSTICE. Section 58(1) of the Constitution, as amended by Act No. 11 of 2007 to accommodate harmonised elections, prescribes when general elections are to be held and the fixing of election dates, as follows: "A general election and elections for members of the 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 21

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