The High Court in Zimbabwe on Thursday dismissed an urgent application by the National Constitutional Assembly (NCA) who were seeking an extension of the March 16 date for a referendum announced by President Robert Mugabe.
The NCA which was formed to fight for a people driven constitution wants the referendum on a new constitution postponed by two months. But Judge President George Chiweshe ruled in favour of the President.
Chiweshe said the NCA case “lacked merit” and he had no jurisdiction to challenge a proclamation made by Mugabe in his capacity as the head of state.
Dewa Mavhinga, director of the Crisis in Zimbabwe Coalition group, said: “This does not come as a surprise at all, this is Judge President Chiweshe who presided over the 2008 shambolic elections”.
The NCA has been pushing for more time to allow voters to critique the draft constitution, which it argues “ignores the views of the people” collated in a constitutional outreach exercise in July 2010.
The NCA responded by issuing the statement below:
“In a landmark ruling which is akin to the justice delivery system of 18th century monarchs, what the Judge President is implying is that no court in Zimbabwe can question the president over anything that he does or declares.
The NCA is dismayed and disgusted at this wanton abuse of the courts by the Judge President, himself infamous for presiding over the ZEC which in 2008 withheld election results for a record 5 weeks.
The Judge President did not even seek to hear the merits or demerits of the NCA case, choosing instead to protect the president, a public servant from scrutiny by members of the public on his actions which affect the same public.
What the Judge President confirms in his ruling is the fact that an executive presidency is not good for this country and ideally confirms the NCA’s position that the executive presidency provided for in Section 89 of the Copac draft constitution is an affront to democracy as it confers unfettered God-like powers on a human being.
The precedence being set by this scandalous judgement is that a sitting president cannot be questioned on any issue whatsoever, for as long as they are acting in their capacity as president. He is above the law, and all other citizens and institutions of the state, including courts.
More specifically, it confirms the assertion that the executive presidency being advocated for by the three political parties in government is meant to perpetuate the current political set-up.
What it means therefore is that such a sitting president is not subject to scrutiny by the electoral courts that will seek to hear electoral disputes during the coming elections.
The NCA will be lodging an appeal on this judgement with the Supreme Court. Today’s ruling has strengthened our resolve to continue our fight for a genuine people driven constitution.
The Take Charge: No Vote campaign is in full swing and we still urge the people of Zimbabwe to reject this bad constitution that is being imposed upon us.”