Election chief says only Mugabe can order poll

By Never Kadungure (Chief Political Correspondent)

Zimbabwe Election Commission (ZEC) chairman Justice Simpson Mutambanengwe has told the Bulawayo High Court that only President Robert Mugabe has the power to call for elections.

Justice Mutambanengwe was responding to a legal challenge launched by three former Mutambara MDC MP’s who were expelled by the party and stripped of their parliamentary seats. The former MP’s now want the High Court to order ZEC to call for by-elections to fill the vacancies in Lupane East, Nkayi South and Bulilima East constituencies.

Lawyer George Chikumbirike arguing on behalf of the ZEC chief said;

“That proclamation (of elections) in terms of Section 39 of the Electoral Act falls within the limited prerogative of President Mugabe, who is the third respondent in the application. In the absence of such proclamation, the ZEC cannot conduct elections.”

“It follows therefore that no action, seeking to compel the chairman of the ZEC and the ZEC to conduct an election, can be entertained by this Honourable Court at this juncture.”

Abednico Bhebhe (Nkayi South), Njabuliso Mguni (Lupane East) and Norman Mpofu (Bulilima East) were expelled by Arthur Mutambara’s party after they were accused of actively campaigning for the larger faction of the MDC led by Prime Minister Morgan Tsvangirai.