Constitutional Court Mawarire v Mugabe NO & Ors Malaba DCJ If the dissolutions of Parliament is by proclamation issued by the President in terms of s 63(2) of the former Constitution the time within which the day or days for the holding of the elections starts running from the date of the issuance of the proclamation. If the dissolution of Parliament is automatic as provided for in s 63(4) the time within which the day or days fixed for the holding of the elections starts to run from the date of the automatic dissolution. It is generally accepted that in the absence of express provisions to the contrary dissolution of Parliament is usually followed and not preceded by a proclamation fixing the date of a general election. An election is usually called and polling dates fixed by proclamation after and not before dissolution. I have no doubt in my mind that the period of four months referred to in s 58(1) related to what should happen after the happening of either dissolution of Parliament by proclamation or automatic dissolution. The Contention by the applicant that the time limit of four months relates to what the President should do before the date of automatic dissolution cannot be correct. It ignores the word “after” in the section. According to the old legal maxim “Parliament does not speak in vain”. These words must surely have been used in s 58(1) for a purpose. The purpose is precisely to subject each type of dissolution to the same mode of fixing the day or days for the holding of the first elections. The words “or, as the case may be” mean that whichever of the two events referred to in ss 36(4) and 63(7) occurs two things shall happen. The first consequence of the occurrence of the event is the need for the President to decide when to exercise his discretionary power and fix the date or dates of the election by issuing a proclamation. The second consequence of the occurrence of the event is the commencement of the running of the limitation period of four months referred to in s 58(1). Whilst the two elements are the direct consequences of the issuances of a proclamation dissolving Parliament or of the automatic dissolution of Parliament, there is an additional restriction on the exercise by the President of the discretionary power which applies to dissolution by proclamation only. The restriction is provided for in s 63(7). The words “subject to the provisions of subs (4)” in s 63(7) emphasise the additional restriction. They also emphasise the fact that there are elements which are common to both methods of dissolution in so far as the direct consequences are concerned. In other words whilst the time limit is applicable to both forms of dissolution the requirement that the dissolution shall take effect on the day preceding the first day of polling in the elections does not apply to the automatic dissolution of Parliament in terms of s 63(4). It is important to understand the effect of s 63(7). The section must be read together with ss 63(1) and (2). Whilst these sections provide for the power to prorogue and dissolve Parliament respectively they do not state the manner in which the power is to be exercised. Section 63(7) then provides that the power to prorogue or dissolve Parliament shall be exercised by means of a proclamation published in the Gazette. Where the proclamation dissolves Parliament as opposed to proroguing it s 63(7) then goes on to prescribe the restriction therein contained. Section 63(4) fixes the parliamentary terms at five years. This is clearly an upper limit to ensure regular accountability to the electorate. That principle is not offended by a shorter term by dissolution of Parliament by proclamation. The purpose or objective of accounting to the electorate is the same. The fixing of a day or days of the holding of the election facilitates accountability to the electorate in each case. Put differently s 63(7) does not affect a situation where s 63(4) applies. The contention that the President is under a duty to issue a proclamation fixing the day or days of the election within a period of four months before the date of automatic dissolution 17