Constitutional Court Mawarire v Mugabe NO & Ors Chidyausiku CJ It is also instructive to have recourse to the history of this provision. The original provision stated that the terms of office of Vice- Presidents, Ministers or Deputy Ministers terminated on their ceasing to be members of Parliament, thus emphasising the centrality of an extant Parliament in the composition and functioning of the Executive in a democratic dispensation. Section 31E reads: 31 E Tenure of office of Vice-Presidents, Ministers and Deputy Ministers (1) The office of a Vice-President, Minister or Deputy Minister shall become vacant (a) if the President removes him from office; or (b) if he resigns his office by notice in writing addressed and delivered to the President; or (c) upon the assumption of office of a new President. [Subsection amended by section 9 of Act No. 15 of 1990 (Amendment No. 10)] (2) No person shall hold office as Vice-President, Minister or Deputy Minister for longer than three months unless he is a member of Parliament: Provided that if during that period Parliament is dissolved, he may continue to hold such office without being a member of Parliament until Parliament first meets after the dissolution. [Subsection substituted by section 2 of Act No. 31 of 1989 (Amendment No. 9)]" In the context of the GPA-based Government of National Unity (GNU) - not to be confused with the animal gnu with an ox-like head and a tufted tail and ironically also an inhabitant of the Savannas of Africa - whose existence is premised on political parties represented in Parliament the question arises as to what the justification constitutionally of its continued existence becomes once Parliament is no more. It becomes a Government made up of political parties previously represented in Parliament! And what would that say to other political parties patiently waiting for their chances at the polls? In conclusion therefore, the proper construction of s 58(1) is that election dates should be fixed and notified whether pursuant to Presidential dissolution or automatic dissolution of Parliament in such a way that elections are held within the life of Parliament or a day/days immediately following its dissolution. The setting of these dates has to take into account the requirements of the Constitution and the Electoral Act, which stipulate a period of at least forty-four days between proclamation and actual holding of elections. In terms of the provisions of the new Constitution, which came into force on publication day, s 157(3), the minimum period is forty-four days, thus: "157(3) The Electoral Law must provide for the nomination of candidates in any election to take place at least fourteen days after the publication of the proclamation calling for that election. Polling must take place at least thirty days after the nomination of candidates." (c) Whether the applicant has made out a case for the Order sought The essence of the applicant's case is that the first respondent has failed to fix and proclaim a date for Presidential, Parliamentary and local government elections as required by s 58(1) of the Constitution and failure by the first respondent to do so is unconstitutional in general and in particular is in violation of the applicant's rights as a voter and his legitimate expectation of protection of the law as enshrined in subss 18 (l) and (la) of the Constitution. 11