Supreme Court has no power to set election date: Tsvangirai

In response to today’s earlier ruling by the Zimbabwe’s Supreme Court calling for an election to take place by 31 July 2013, the Prime Minister of Zimbabwe, Dr. Morgan Tsvangirai’s office released the following statement: 

“Whilst I have great respect for the courts and the judiciary system, today’s ruling by the Supreme Court setting an election date is evidence that the court has far overstepped its mandate.

The Supreme Court has no power whatsoever to set an election date. In the true spirit of independence and the separation of powers, an election date remains a political process in which the executive has a role to play.

There is clear evidence that there are some within the executive who wish to circumvent the consultative role in the GPA and the share responsibility enshrined therein to pronounce an election date under the cloak of judicial authority.

An election date is the responsibility of the executive, which has not shown that it has failed to announce such a date. SADC and the people of Zimbabwe know that an election date is a result of political pronouncements in which the judiciary has no role to play.

The Principals have a consultative mechanism that would ensure that a date is proclaimed following an agreement by all parties. This is what SADC, the AU and the people of Zimbabwe expect, not a date set up under the cover of the judiciary without a mechanism to ensure to that issues of the election environment and reforms are addressed.

Zimbabweans expect implementation of reforms and an intensive voter registration exercise that would not have anyone unnecessarily disenfranchised.

The only positive news from the ruling is that it has quashed the circus of an election date by June 29. This ruling only vindicates some of us that June 29 was a legal and political non-starter. It, however, still remains difficult to appreciate the practicality of an election by July 31.

The Constitution is clear that the term of Parliament expires on June 29 but section 63 (4) is clear that the executive can continue for a maximum of 4 months, which means an election has to be held by 30 October 2013.

One arm of government, in this case the Judiciary, cannot make a decision which should ordinarily lie in the other arm of the State: i.e the executive.”

About the Movement for Democratic Change (MDC)

A coalition of the many civic groups who campaigned for the “No” vote in the 2000 Constitutional Referendum, the Movement for Democratic Change (MDC) was founded to give voice to the struggle of the Zimbabwean people to rid themselves of the oppressive and corrupt ruling practices of President Robert Mugabe’s ZANU PF.

In 2008, the MDC officially took control of Parliament and elected the then acting national Chairman Lovemore Moyo as speaker, a post held by Zanu PF since independence in 1980. 2009 saw the election of MDC candidate, Morgan Tsvangirai, as Prime Minister and the reduction of ZANU PF’s representation in the ruling structure to 37 percent.

The MDC is committed to freeing Zimbabwe from the oppressive grip of President Mugabe and ZANU PF and sees the upcoming presidential election—if administered fairly—as a real chance for true democracy in a country of great national pride and potential.