Constitutional Court
Mawarire v Mugabe NO & Ors
Chidyausiku CJ
The third respondent is Arthur Guseni Oliver Mutambara, who has been cited as the
Deputy Prime Minister of Zimbabwe and also due to the fact that he is a signatory to the
"GPA".
The fourth respondent is Welshman Ncube, a Minister in Government and cited herein
in his capacity as the representative of the other formation of the MDC, which organisation is
a party to the GPA and is represented in the current coalition government.
The fifth respondent is the Attorney-General, who has been drawn into these
proceedings in view of their constitutional nature and in his capacity as the principal legal
advisor to the Government.
Background
On 2 May 2013 the applicant issued an urgent Court application against the above five
respondents. Before any opposition was filed to the court application, the applicant was, on 6
May 2013, directed by the Registrar of the Supreme Court of Zimbabwe to file a separate
urgent Chamber application seeking leave for the urgent hearing of his Court application, if
such was his wish.
The application proceeded to do so in case Number SC 157/2013. This urgent Chamber
application was subsequently heard on 15 May 2013. On 17 May 2013 the order sought by
the applicant in the urgent Chamber application was granted.
The principal application was opposed by the first, second and fourth respondents.
The applicant subsequently filed a replying affidavit as well as a notice of an
amendment of the draft order to his principal application.
The amended order sought is as follows:
"(1) The First Respondent be and is hereby directed to forthwith proclaim an
election date for a Presidential election, general election and elections
for members of the governing bodies of local authorities in terms of
section 58(1) of the Constitution of Zimbabwe.
(2) The elections referred to in paragraph 1 hereof shall be conducted no
later than the 30th day of June 2013.
ALTERNATIVELY
The elections referred to above shall be conducted no later than (the)
25th day of July 2013.
(3) Any party (parties) who oppose(s) this application shall bear the costs
of this suit jointly and severally, the one paying the other to be
absolved."
Read together, the papers filed of record seem to pose the following as issues which fall
for determination (a) Whether the applicant has locus standi to approach this Court in terms
of s 24(1) of the Constitution of Zimbabwe;
(b) When do harmonised general elections fall due in terms of the laws of
Zimbabwe?
(c) Whether the applicant has made out a case for the order sought.
Each issue will now be dealt with in turn.
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