Archive for the ‘Court’ Category

Prime Minister , Morgan Tsvangirai Friday
warned the inclusive government would
immediately collapse if he was arrested.
The Prime Minister faces possible arrest for
contempt of court following his condemnation
of a Supreme Court ruling which set aside the
election of former Speaker of the House of
Assembly, Lovemore Moyo.
Sources in the AG’ s office said Tsvangirai was
likely to be charged under Section 82 ( 1 )
subsections ( a ) and ( b ) of the Criminal Law
( Codification and Reform ) Act .
But Tsvangirai told journalists soon after
returning from a regional tour where he was
appraising regional leaders on the deteriorating
state of affairs in the country that his arrest
would be the “ final nail to the delicate and
fragile government” .
“ Well , the thing is that if there were people who
want to arrest me, I am here and I don’ t think I
want to run away ,” Tsvangirai said .
“ I have heard about it ( the arrest) and we will
see how they proceed but that will be the last
nail in this whole delicate and fragile
government. ”
He added : “ I think people should not try to be
over reactive. People should just be calm about
it but I will , of course , be waiting to see what
the charges will be should they decide to
proceed on that .
Last week an angry-looking Tsvangirai attacked
the Supreme Court ruling on former Speaker
Moyo.
He said : “ The decision is a clear reflection of the
state of affairs at the Bench , the Judiciary which
in the post -Dumbutshena and post – Gubbay era
largely discredited itself by becoming a willing
appendage of Zanu PF .
“ Dubious and pro- executive decisions have been
made in this era . ”
Tsvangirai warned yesterday the country could
slide back to “ dark days ” of violence unless
regional leaders helped save the power-sharing
deal with President Robert Mugabe.
The PM said he had met leaders of Botswana ,
Mozambique , Swaziland and Zambia and
briefed them about the growing political
tensions in the country .
The security organ of Sadc which brokered the
power-sharing pact is set to meet in Zambia on
March 31 with Zimbabwe high on the agenda.
Tsvangirai said he will be meeting the Sadc
appointed facilitator in the Zimbabwean crisis,
President Jacob Zuma of South Africa this
weekend , to brief him on the situation in the
country .
“ I have told these fellow leaders that the time
for Sadc to act and deliver is now . And we are
all agreed that Zimbabwe should not be allowed
to decelerate into an implosion ,” he said .
“ I have told the Sadc leaders of the renewed
siege mood in Zimbabwe , the arbitrary arrests,
the crackdown on democratic forces in the
country and the culture of impunity that is
seriously threatening the health and the life of
the inclusive government . ”
He said the civilian authority was no longer in
charge of Zimbabwe and called on Sadc leaders
to intervene and ensure that the country does
not explode into chaos.
“ While I was away in the last four days , it
appears the civilian authority is no longer in
charge and dark and sinister forces have
engaged in a hostile take -over of running the
affairs of the country , with or without the
blessing of some leaders of the civilian
authority, ” said Tsvangirai .
“ Together with civic society and other
democratic forces , we had planned to hold a
major peace rally in Harare tomorrow ( today) to
pray for peace in the country . We had duly
notified the police as required by law. I was told
yesterday that the police have refused to allow
that peaceful rally to proceed , against the
provisions of the law and the letter and spirit of
the GPA.
“ There has been an instruction from the Police
Commissioner -General to effectively ban
meetings when there is a Cabinet decision that
no meetings should be banned . ”
Tsvangirai however said the rally would go
ahead because the ban was illegal .
Yesterday a Harare magistrate, Barbara
Chimboza, ruled the MDC-T rally should not be
held because it was not in the interest of public
order .
Lawyers representing the MDC-T were late
yesterday preparing to file an urgent High Court
application to challenge the ruling .
Police banned MDC-T rallies scheduled for this
weekend , saying Zanu PF had either booked the
venues or was holding its own rallies in close
proximity to where the MDC-T wanted to
assemble .

OWEN GAGARE \ MOSES MATENGA | HARARE
– Mar 18 2011 17 : 49
http://www.newsday.co.zw

IN a landmark ruling , the Supreme Court
yesterday nullified the election of Mr Lovemore
Moyo ( MDC- T ) as Speaker of Parliament , saying
the process was fraught with irregularities and
in breach of the Constitution of Zimbabwe .
Mr Moyo was elected Speaker in August 2008
after garnering 110 vo -tes against former MP
Mr Paul The-mba Nyathi who got 98 votes .
The majority decision was that the Clerk of
Parliament Mr Austin Zvo -ma did not properly
conduct the election as required by the
Constitution of Zimbabwe.
The ruling was made in an appeal in which
Tsholotsho North Member of the House of
Assembly Professor Jonathan Moyo ( Zanu- PF ) ,
together with Mr Moses Mzila Ndlovu , Mr Patrick
Dube and Mr Siyabonga Ncube all MDC MPs ,
were challenging the High Court decision that
validated Mr Moyo’ s election .
An appeal can be heard by three or more judges
of the Supreme Court and this particular one
was heard by five judges .
Mr Terence Hussein of Hussein and Ranchhod
law firm , appeared for the quartet while Ms
Choice Da-miso represented Mr Zvoma.
South African Advocate Matthew Chaskalson
acted for Mr Moyo.
Prof Moyo had argued that during the election ,
MDC-T parliamenta -rians were rowdy and some
of them brazenly exposed their completed ballot
papers before they deposited them in the ballot
box .
He had also accused Mr Zvoma of failing to
stamp his authority on the election process .
The effect of the judgment is that there is now a
vacancy for the post of the Speaker of
Parliament .
Mr Moyo, who gave up his seat as MP for the
Speaker ‘ s position , can now no longer sit in
Parliament .
He now has to cross his fingers that MDC-T will
nominate him for the post of Speaker and more
so that the party would be able to garner
sufficient votes to retain the position .
This is far from certain as the numbers and
dynamics in the House have completely changed
since the flawed election .
In the nullified election , six MPs Deputy Prime
Minister Thokozani Khupe , Tendai Biti , Piniel
Denga, Tall Chambati, Amos Chibaya and
Lovemore Moyo displayed their ba -llot papers
before depositing them in the ballot box .
Writing for the majority, Chief Ju-stice Godfrey
Chidyausiku ruled that the vote was not cast in
secrecy as required by the Constitution.
” Parliament is one of the most revered
institutions in any society. It consists of the
highest concentration of the political leadership
of the country . Parliament makes the laws that
we all obey.
” Parliament should , therefore , lead by example
and should scrupulously obey its own laws, ” said
Chief Justice Chidyausiku .
He added that the election of the Speaker
should be an example of how an election should
be conducted .
This, he said , was important in Zimbabwe , which
had been plagued by contestation of election
results.
” Parliament should use the election to set the
best example to the rest of the country . It is
unacceptable that Parliament should seek to
salvage a shambolic and chaotic election of a
Speaker through the doctrine of substantial
compliance ,” said the Chief Justice .
He said the six named MPs did not vote by
secret ballot and therefore , their votes were
irregular.
The inclusion of such votes in the determination
of the final outcome of the election , he said ,
constituted a failure to comply with Section 39
of the Constitution, as read with Standing Order
6.
The Order provides for the election of Speaker
of Parliament by secret ballot.
” The appeal is allowed with costs , to be paid by
respondents jointly and severally , the one paying
the other to be absolved .
” The order of the court a quo is set aside and
the following substituted . The application
succeeds and the election of second respondent
as Speaker is hereby set aside ,” ruled the Chief
Justice .
Justices Vernanda Ziyambi and Paddington
Garwe agreed with the judgment while Deputy
Chief Justice Luke Malaba and Justice Wilson
Sandura disagreed.
However , the Chief Justice ‘ s ruling is binding
since it had the majority favour .
Deputy Chief Justice Malaba felt that a voter was
perfectly entitled to reveal his vote during an
election.
In his dissenting judgment , Deputy Chief Justice
Malaba said there was no legal obligation that a
voter must vote secretly adding that he or she
may opt not to vote by secret ballot.
” As the voter must exercise the right to vote for
the Speaker by a secret ballot given on the
ballot paper freely, he or she can waive the right
to the secrecy of the ballot at the time the vote
is cast or at any time before he or she deposits
the ballot paper in the ballot box .
” A secret ballot is not compulsory insofar as the
voter who is not desirous of taking part in the
election by a secret ballot is concerned ,” said
Justice Malaba .
Justice Sandura noted that the Standing Order
was complied with in the election of the
Speaker .
He said of the 208 MPs who voted, only six ( 2 ,9
percent of the total ) displayed their marked
ballot papers before depositing them in the
ballot boxes .
Two hundred and two ( about 97 ,1 percent )
voted in accordance with the provisions of the
Sanding Order, Justice Sandura noted.
” Quite clearly , the degree of non-compliance
was insignificant , whereas the degree of
compliance was nearly one hundred percent .
” In the circumstances, as the object to be
achieved by the Standing Order was achieved
and not defeated or frustrated by the non-
compliance complained of , the degree of the
alleged non-compliance was insignificant. It
follows that the Standing Order was complied
with in the election of the Speaker ,” said Justice
Sandura

Fidelis Munyoro And Daniel Nemukuyu
Published by the government of Zimbabwe

HARARE ( Reuters) – Zimbabwe’ s Supreme Court
on Thursday nullified the election of the speaker
of parliament , who came from opposition ranks ,
about two years after President Robert
Mugabe’ s party lost the post for the first time .
The country ‘ s highest constitutional court ruled
that the election of Prime Minister Morgan
Tsvangirai’ s ally , Lovemore Moyo , did not follow
proper procedures after a challenge by a senior
member of Mugabe ‘s ZANU-PF party, lawyers
said .
The ruling is likely to escalate tensions in the
fragile unity government at a time Mugabe’ s
ZANU-PF is pushing for elections this year . This
also means Tsvangirai ‘s MDC will have to fight
for the position again .

Thu Mar 10 , 2011 11 : 33 am GMT
ad.reuters.com