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Zimbabwe’s illegal election still 31 July

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Yesterday, Zimbabwe’s Constitutional Court confirmed 31 July as the polling date for the country’s Harmonised Election. The Court’s decision was unanimous, and rejected all applications which had been pushing for an extension of the election date.

The election date case was being heard by the Constitutional Court because it was their decision of 31 May which created the 31 July deadline, which Mugabe responded to on 13 June, in the first place.

The push for the election date extension was motivated by several factors, including:

  • The llegal act by President Mugabe which used the Presidential Powers Act to change the electoral laws
  • The fact that the election date required nomination court to be held before the voters roll had closed, which is unprocedural
  • The fact that the Global Political Agreement stated that election dates should be decided in consultation, not declared unilaterally as Mugabe did

However, as frustrating as yesterday’s decision is, it is not surprising. The government had several ways around the original Constitutional Court ruling. Amongst other things, the actual ruling says the President should proclaim the election “as soon as possible,” and  that it “should be” (note: not must be) held no later than 31 July. As Veritas points out, the President should have relied on the principle Lex non cogit ad impossibilia [the law does not require one to do the impossible].

Unfortunately, the President went ahead to declare an illegal and unconstitutional election date, and the Constitutional Court has confirmed that this date holds.

Last week, Zimbabwe’s political parties submitted their candidates at Nomination Court, though only the MDC led by Welshman Ncube has made its candidate list publicly available so far. Zanu PF and MDC-T are planning to launch their party manifestos this weekend.

So much for Morgan Tsvangirai’s promise that he “will not accept a situation where Zimbabweans will yet again be railroaded and frog-marched to another illegitimate election.” That is exactly where Zimbabwe is headed on 31 July.

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