the President to proclaim elections to be held no later than the 30th June. Mawarire made
his claim under section 18 of the old Constitution. By the time the matter came to court it
was heard by the Constitutional Court which was set up under the new constitution, the
composition of which was largely influenced by ZANU PF. Predictably, by a majority
decision the Court was in agreement with Mawarire’s claim, but stated that the election
date should be set for 31st July.
This controversial legal decision18 allowed ZANU PF to push ahead with its preferred date
for the election, largely bypassing the requirements for consultation with other parties to
the GPA, and the SADC demands for the full implementation of the agreement before
elections. The immediate response of Lindiwe Zulu from the SADC facilitation team was
that:
With or without the court ruling, we are going ahead to meet the parties as the
facilitation team ahead of the SADC summit which (decision) was agreed on in Addis
Ababa. All parties have been invited. As the facilitator put it at the summit, we want
the comfort of having a clear roadmap to the elections, with timelines agreed upon
by the parties themselves. The ultimate is to have credible elections. We want to
avoid the 2008 scenario.19
Zulu’s statement resulted in a hail of invective from ZANU PF spokespersons that continued
past attacks on her and was a prelude to a major verbal assault by Mugabe himself. Party
ideologue Jonathan Moyo, drawing on the language of sovereignty and constitutionalism,
called Zulu’s comments an ‘attack on our national sovereignty’ and called on Zimbabweans
to ‘oppose and reject this patronizing and illegitimate posturing by our neighbours.’20
Despite these attacks Zuma’s report to the SADC Troika on the 15 June reiterated the
concerns of Zulu’s position. Noting that most of the areas agreed to by the GPA parties in
July 2011 under the framework of ‘Zimbabwe Elections Road Map and Timelines’ had not
been ‘adequately implemented’, Zuma reported that the proposal to hold the elections on
31st July ‘is fraught with legal contestation, political dispute and heightened tensions even
within the Inclusive Government.’21
At the SADC summit held in Maputo on 15th June 2013, the regional group endorsed the
report of the facilitator but acknowledged the ruling of the Constitutional Court. It
18 For one of the many discussions of this decision by civic groups in Zimbabwe see D.Matyszak, “‘Before and
After’: Old Wine in new bottles: The Constitutional Court Ruling on the election date.” 3rd June 2013.
19 Dumisani Sibanda and Everson Mushava, ‘Roadmap will decide polls‐Zuma.’
www.zimbabwemail.com/zimbabwe/17602‐roadmap‐will‐decide‐polls‐zumahtml Accessed on 06/06/13.
20 ‘Moyo and Mutambara blasts Zuma’. www.thezimbabwemail.com/zimbabwe/17616‐moyo‐and‐
mutambara‐savages‐zuma.html Accessed on 06/06/13.
21 Report of the SADC Facilitator, His Excellency, President of the Republic of Zimbabwe, President Jacob
Zuma, at the SADC Extra‐0rdinary Summit, Maputo, Mozambique, 15 June 2013.
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