MDC-T plot against Judiciary exposed 2 Thursday, 13 June 2013 01:08 View Comments MDC-T Leader Morgan Tsvangirai Caesar Zvayi Deputy Editor MDC-T and its allies in the NGO sector and legal fraternity have resolved to launch a sustained assault on the Judiciary, pursuant to discrediting the Constitutional Court judgment that harmonised elections be held by July 31. The resolution was adopted at a meeting held in the Zimbabwe Lawyers for Human Rights Boardroom on Monday last week where MDC-T and its allies resolved to launch a flurry of frivolous and vexatious applications to increase the workload of the Constitutional Court in the hope of embarrassing it should it fail to deal with them on an urgent basis. The plan is outlined in the party’s “Strategic Election Litigation’’ document that was drawn up in a bid to sabotage the implementation of the Constitutional Court judgment. As part of the strategy, the group resolved to launch applications that do not dwell on legal technicalities but focus on the moral point of view by purporting to defend the rights of perceived underdogs, among them aliens, the disabled, and victims of political violence among others. To mask the patently political nature of the applications, the group resolved to use litigants who can’t be traced to MDC-T and settled on people drawn from the party’s allies in quasi-political groupings masquerading as NGOs, among them the Crisis in Zimbabwe Coalition. “For such litigation, which would be necessary to neutralise the impact of the (Jealousy) Mawarire (the man who challenged the President to proclaim dates for the harmonised elections) decision, other litigants would be identified. For example, it might be possible to bring side litigation to impugn laws such as POSA and AIPPA. Related Stories... 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The parties would argue that if the Constitutional Court decision is enforced, then President Mugabe would be in violation of the constitutional provision stating that once a date is proclaimed, no further amendments can be made to any electoral law or electoral related law. The import being to make the Constitutional Court complicit in the violation of the law. The litigants would be represented by Mr Selby Hwacha, Advocate Lewis Uriri and Tawanda Zhuwarara. 2. Application on behalf of aliens or disabled people. Litigants to be represented by Bryant Elliot and Jeremiah Bamu of the ZLHR. The alien application was filed in the Supreme Court on Friday last week on behalf of one Maria Phiri who seeks to overturn the Constitutional Court ruling arguing that proclamation of a nomination date and polling date must allow for 30-day intensive voter registration up to July 10. 3. Application focusing on issues of proportional representation. A lawyer was to be identified who would be assisted by one Belinda Chinowawa. 4. Application on behalf of victims of political violence calling for reforms to enable them to vote knowing that they will not be victimised. Shepherd Maisiri father to the Headlands boy who died in an accidental fire earlier this year, Christpowers, was identified as a litigant to be represented by Alec Muchadehama and Chris Mhike. 5. A challenge on the composition of the Constitutional Court to be filed by Tonderai Bhatasara. 6. A consolidated application focusing on impugning various laws among them AIPPA, and POSA. One Tarisai Mutangi was would handle this application. MDC-T secretary general Tendai Biti advised the meeting that his party did not have funds to which Rose Hanzi from the Prime Minister’s Office responded saying they had the moneybags but urged the lawyers to moderate their costs, or alternatively handle some of the cases on a pro-bono basis. The MDC-T was tasked to identify litigants from among its allies in the quasi-political groups. The Strategic Litigation Document, which is a clear attack on the bench, names specific judges that the group said were cause for concern to the success of their grand plan. The meeting was attended by Mr Chris Mhike (Atherstone and Cook) who chaired; the MDC-T trio of Eric Matinenga, Tendai Biti and Douglas Mwonzora; Ms Rose Zigomo (Prime Minister’s Office); Selby Hwacha (Dube, Manikai and Hwacha Legal Practitioners), Alex Magaisa (Prime Minister’s Office), Advocate Lewis Uriri (Advocate Chambers), Alec Muchadehama (Mbidzo, Muchadehama and Makoni Legal Practitioners), George Gapu (Scanlen and Holderness), Arnold Tsunga (Africa Regional Programme of the International Commission of Jurists), Dzimbahwe Chimbga (ZLHR), Rose Hanzi (ZLHR), Jeremiah Bamu (ZLHR) and Tawanda Zhuwarara (ZLHR). Herald
Posted on: Thu, 13 Jun 2013 05:17:50 +0000