Southern Eye

by Nduduzo Tshuma

6 June 2013

Zanu PF is going all out to entice voters ahead of the next election, with the party now sending text messages, even to political opponents, pleading for the endorsement of President Robert Mugabe.

The party started dispatching messages on Monday, as it seeks to woe voters, particularly the youth who have turned their backs on the party.

“Are you a young and progressive Zimbabwean? Have you ever voted before?

“Do you want to help the economy by creating jobs yourself and for many young Zimbabweans?” the text reads.

“President Mugabe is your answer! Register to vote today and vote for indigenisation and empowerment in the next elections.”

Zanu PF, accused of being out of touch with the young voters, has launched a full-scale campaign targetting the youth, taking advantage of new media.

Some of the recipients of the text messages include Education, Sport, Arts and Culture minister David Coltart and Alpha Media Holdings chief executive officer, Raphael Khumalo.

Coltart yesterday confirmed receiving the text message and expressed concern over how Zanu PF got hold of people’s mobile phone numbers.

“I think it’s not a bad thing using technology to spread the word, but I trust that the mobile service provider would accord the same service to other political parties,” he said.

“There is a concern, however, on the issue of protection of privacy.

“People do not want their phone numbers to be known and we wonder how Zanu PF got hold of those numbers.”

Upon receiving the message, the Education minister joked that the messages could have been misdirected, as he was not young.

Zanu PF is making frantic efforts to appeal to the youth and is reportedly courting prominent personalities to boost its performance in the polls.

There are reports that the party plans to use former Big Brother contestant, Munyaradzi Chidzonga, while a Zanu PF member pleaded with soccer legend Peter Ndlovu to contest elections on its platform.

Ndlovu turned down the offer.

Mugabe, at 89, is pulling all the stops to rebrand himself and his party, as elections loom.

Zanu PF spokesperson Rugare Gumbo yesterday professed ignorance on the matter.

“I do not know anything about that. I have not seen the messages you are talking about,” he said.

Southern Eye

By Dumisani Nkomo

6 June 2013

BULAWAYO is famed as the City of Kings largely due to its rich epic regal history of King Mzilikazi and Lobengula Khumalo and the Mambos before them.

Is Bulawayo, or more generally Matabeleland, or even more broadly the southern region of the country, able to produce an individual that can lead the whole country or is Matabeleland doomed to be a perpetual political bridesmaid? I am in no doubt that Matabeleland is capable of producing a president, but the question is; are Zimbabweans ready to elect a leader by virtue of the content of his/her character or leadership acumen rather than ethnicity as is the norm in Africa?

I would not like to live in a country where I or my children and kinsmen cannot dream of occupying the highest office in the land. Obviously to dream is one thing and to attain it is another, but at least every Zimbabwean should be able to contest for political office and indeed aspire even to be president. Surely Jason Ziyapapa Moyo and Josiah Tongogara died for a Zimbabwe in which any Zimbabwean of any ethnic group or race cannot only vote, but also be voted into any office including that of head of State and government.

The historical political architecture of the land seems to suggest that on many occasions Zimbabweans have displayed an ability to transcend ethnicity as evidenced by the ethnic diversity of nascent nationalism under the leadership of the likes of Benjamin Burombo, Stanlake Samkange and more prominently, Joshua Nkomo.

The nationalist movement at one point seemed poised for leadership of a Ndebele, Joshua Nkomo, until the emergence of Zanu under Ndabaningi Sithole and it can be argued that some Zanu protagonists, including Enos Nkala, were not necessarily Shona. Some argue that Zanu was formed out of ideological rather than ethnic considerations, but it is irrefutable that the genesis of Zanu was accompanied by the systematic tribalisation of politics.

The problem has become so bad that almost every political party formed has a Ndebele vice-president and a Shona president.

It has become political culture for political parties to follow this trend, but the bigger question is whether Simon Khaya Moyo, Thokozani Khuphe or Lovemore Moyo could be leaders of their parties if the incumbents left office or they will remain as vice-presidents or national chairpersons.

In the same vein, can Welshman Ncube or Dumiso Dabengwa contest for the national presidency and win or lose by dint of their acumen rather than their ethnic origin? If not, I fear Zimbabwe is headed for troublesome times, as I don’t see future generations or indeed this one willing to be perpetual hewers of wood and drawers of water in a later day political feudal system which will reduce them to perennial deputies.

It is not necessarily about whether one is Ndebele or Shona, but rather content, ability, acumen and capacity to lead the state. It does not matter whether one is black or pink, speaks Ndau or Sotho, it should simply be based on merit. David Coltart or Eddie Cross can stand for the presidency as long as they can deliver as head of State and government .

This is the reason why arguably the most powerful country on the planet is led by a black man. It is not because he is black, but rather because he was able to galvanise the electorate and country around his ideals. Importantly, the national political architecture — in spite of years of systematic racism — allowed for a man such as Barack Obama to emerge and lead. I would like to suggest that ethnicity should not be the sole and defining determinant of our political choices.

Can a candidate from Matabeleland contest and win in the 2013 elections and beyond? Can Matabeleland, the Midlands and possibly Masvingo, produce politicians that are not mere political ornaments bequeathed upon the people through the patronage of ethnic balancing?

Welshman Ncube faces an uphill task in the elections because of the embedded dominance of Robert Mugabe and Morgan Tsvangirai. Can he contest on an equal footing with Mugabe and Tsvangirai or will he carry the added weight of ethnicity upon his shoulders? It would be disappointing, however, if people voted on tribal grounds .

The good news is that the generation that will vote in 2018 will comprise mainly of not only born-frees, but new millennium, techno-centric youths born as late as 2000.

It will be a generation that did not see the liberation struggle, Ian Smith, “dissidents”, or the post- independence turbulence. It will be a generation that requires a new breed of leaders who appeal across the ethnic divide.

As to whether a candidate from Matabeleland can win the 2013 elections, I have my strong doubts. For now Matabeleland will be a kingmaker, but as for 2018 and beyond, Bulawayo and Matabeleland will be the seat of kings and queens in a literal political sense.

SW Radio Africa

By Tichaona Sibanda

6 June 2013

The SADC summit on Zimbabwe, which was due in Maputo, Mozambique on Sunday, will now be held in Pretoria, South Africa on Monday, according to sources.

SW Radio Africa is reliably informed that the summit was postponed by a day to give all parties to the GPA enough time to consult on a date for elections.

President Jacob Zuma’s facilitation team spent hours on Thursday in meetings with GPA negotiators in Harare. They were insisting that by the time all parties attend the summit, there should be an agreed date for an election.

This prompted the ZANU PF negotiators to ask for a postponement to allow its negotiators time to consult President Robert Mugabe, who is currently outside the country.

The summit on Zimbabwe is due to be convened at a time when there is mounting disagreement between the political parties following the Constitutional Court ruling that Mugabe should proclaim an election date before July 31st.

The ruling last week suits Robert Mugabe better than his political opponents, who have however ganged up in a rare show of unity to condemn the court’s election ruling. The five parties – the MDC-T, MDC-N, ZAPU, MKD and ZANU Ndonga – have united to demand changes to laws that inhibit freedom of association, movement and expression and the media.

They have agreed to speak with one voice at the SADC summit to call for the security sector to be reformed in line with the new constitution, which demands neutrality.

That court judgment, described as an ‘election judgment fiasco’ by a leading human rights lawyer, dominated much of the discussion between Zuma’s team and the GPA negotiators.

While all parties, including Zuma’s team, were trying to abide by the court ruling and work out if it was feasible to hold elections before 31st July, legal experts say it will not be possible.

Senator David Coltart, the Education Minister and MDC-N secretary for Legal Affairs, told SW Radio Africa that while it is the duty of everybody to respect the court ruling, it brings with it a big challenge for politicians and Mugabe.

‘The dilemma we find ourselves in is that it is impossible to hold elections in compliance with that court judgement without breaking other provisions of the new constitution.

‘In essence, the new constitution says we must go through a 30 day process to re-register voters. And subsequent to that is a period specified by the constitution that there should be another 30 day period between nomination day and the election itself. Nomination day starts immediately after voter registration. So you are looking at 60 days from June 10th when voter registration starts,’ Coltart said.

He continued: ‘These two processes cannot run concurrently. They have to run separately. There is no way round it and it is clear these constitutional requirements will go beyond July 31st.’

The Minister suggested it would be wise for Mugabe and any other interested party to approach the constitutional court and ask the bench to revise the order.

The Zimbabwean

By Sofia Mapuranga

5 June 2013

Teacher retraining initiatives are set to commence soon, after the government secured $23 million from the World Bank’s Partnership for Education.

Zimbabwe is among the 12 beneficiaries of the $439 million grant awarded to developing countries to enhance the quality of education for all children.

David Coltart, the Minister of Education, said the funds came at a time when there had been very little professional development for teachers for more than a decade.

In an interview with The Zimbabwean, Coltart said the money was set to be dispersed in 2014 and teacher retraining initiatives would commence forthwith. The grant will be dispersed in tranches from 2014 for three years.

“Teachers need to be kept abreast of current trends, changes to the curriculum and pedagogical changes and developments. Due to shortage of funds, there has been very little professional development for teachers and the fund is going to address this gap,” said Coltart.

The Progressive Teachers Union of Zimbabwe Secretary General, Raymond Majongwe, called for more engagement between the education ministry and relevant stakeholders to ensure that the money was channelled towards the most important priorities.

“It does not make sense to invest the money in people who are going to desert the country in search of greener pastures. We will be equipping teachers with skills that are not going to benefit the country but we will be giving them incentives to be better qualified to leave the country,” Majongwe said.

He urged that all avenues of dialogue be explored before coming up with a national decision such as this. The government of Zimbabwe through the education ministry applied to re-join the global partnership for education in May 2012 and the funding proposal was submitted to in the last quarter of 2012.

SW Radio Africa

By Nomalanga Moyo

04 June 2013

Confusion continued to reign this week over whether the country was ready to hold elections by the end of July, as directed by the Constitutional Court.

Last week the country’s top court ruled in favour of Harare man Jealousy Mawarire, who had argued that the delay in announcing a date for elections was a violation of his constitutional rights.

In its judgement last Thursday the Constitutional Court agreed and directed President Mugabe to ensure elections are held no later than July 31^st.

Already Mugabe has said that he will comply: “It is this decision now that we must obey and I don’t want to offend the law,” he told the Herald newspaper on Sunday.

Analysts say both the court ruling and Mugabe’s ready acceptance are hardly surprising, as ZANU PF have always said they want an election by June 29^th.

Since Mawarire lodged his court challenge, speculation has been rife that he is being sponsored by a faction of ZANU PF that includes Professor Jonathan Moyo.

But according to MDC-T treasurer Roy Bennett, Mawarire’s organisation, the Centre for Elections and Democracy in Southern Africa, “was last year revealed as a CIO-sponsored organisation, which is part of Operation Spiderweb, a ZANU-PF propaganda initiative.”

Both MDC factions have raised concern that the ruling does not give room for democratic processes to be carried out in line with the new constitution.

One such process, the mandatory 30-day voter registration exercise, should have been rolled out Monday but was stalled due to logistical problems, ZEC has said.

Writing on social networking site Facebook, legal expert David Coltart observed: “With effect from midnight tonight (Monday) the date of the 31st July set for the election, under any minimalistic or narrow interpretation of the electoral process (even ignoring all the other electoral challenges such as producing a voters roll in such a short space of time and the funding of the entire exercise), becomes legally and constitutionally impossible.

“Every day now that the voter registration exercise does not commence leads to greater and greater absurdities and breaches of these fundamental provisions.

“Those promoting this state of affairs are at risk of making themselves the laughing stock of SADC and the world if this absurd situation is allowed to continue,” Coltart said.

But regional body SADC lent their support even before the court ruling, and it remains to be seen whether this position will still stand after the Maputo meeting this weekend.

On his part, Mugabe will be keen to be seen to be abiding by the rule of law particularly ahead of this crucial SADC meeting to assess the country’s readiness for polls.

Some observers have noted that the whole build up to the election — the court ruling, the funding crisis, voter registration fiasco – has all the hallmarks of a well-crafted ZANU PF election plan.

A few months ago Mugabe appealed a court judgement directing him to set dates for by-elections in three constituencies, but now he is going to comply with a judgement that has many logistical and difficult ramifications.

As human rights lawyer, Beatrice Mtetwa has observed in the past, Mugabe and ZANU PF have always engineered the legal and judiciary systems in their favour.

“Unlike a lot of other dictators, Robert Mugabe doesn’t just go out and do what he wants. He first goes to parliament and passes a law … And when you say ‘hey you can’t do that’ he will say ‘that is the law’,” Mtetwa says in a film about the human rights situation in Zimbabwe.

Nixon Nyikadzino, of the Crisis in Zimbabwe Coalition, said when it suits him, Mugabe will indeed abide by the law, “because he uses the same courts, mostly staffed with judges appointed by him, to change any decisions he doesn’t like. It is important therefore to read between the lines.

“The same is true of election funding. They will find the money in as far as it is in their interests to do so,” Nyikadzino said in reference to the recent events when $25 million was found overnight for the new voter registration exercise.

On Sunday ZANU PF propagandist Nathaniel Manheru said his party had sourced the funds.

Southern Eye

By Pamela Mhlanga/NQABA Matshazi

3 June 2013

CONSTITUTIONAL law experts have expressed shock at the judgement passed by the Supreme Court last Friday ordering that elections be held at the end of next month.

MDC secretary for legal affairs David Coltart, said the ruling all but undermined all efforts to hold credible elections, saying he foresaw several logistical nightmares that made the holding of the election on July 31 almost impossible.

“The effect of the judgment will be to seriously undermine our chances of having credible elections,” he said. “I foresee a variety of very serious logistical and legal challenges arising including a denial of a few fundamental rights.”

Among the difficulties to be faced, Coltart said, was that the new Constitution specifically called for the amendment of the Electoral Act and a new voter registration drive, which if implemented according to the new Charter meant that elections on July 31 were impossible.

“The current Electoral Act, which has of course still to be changed — another challenge in itself — states there must be a minimum period of 28 days between nomination day and the election itself,” Coltart explained.

“Section 26A of the Act says that eligible voters must register no later than 24 hours before the nomination date. So assuming that the constitutionally mandated period of registration begins on Monday (today) it must then run until the end of 3rd July. That means that the nomination day cannot be before July 5.”

Coltart explained that there have to be 28 days between the nomination day and the election, which means the polls, cannot be before August 2 if the Constitution and the Electoral Act are to be complied with.

Zimbabwe Electoral Commission (Zec) deputy chairperson Joyce Kazembe has already hinted that the new voter registration exercise will not start today as planned and legally this is likely to push back the election date.

He said there were still a number of issues the political parties had to agree to, chief among them the newly introduced system of proportional representation and that the voter registration process would be adequately funded. “Accordingly far from this judgment being a triumph for the rule of law, it poses a very serious challenge to the painstakingly constructed process of peaceful reform we have been engaged in during the last five years,” Coltart said.

University of Zimbabwe law lecturer Greg Linnington said he was totally shocked at the judgment, saying the two judges who had voted against the ruling had done right.

“If you read the provisions of the new Constitution, it states that elections should take place within four months after Parliament expires on June 29,” he said. “It would be very, very difficult to meet the timelines considering that there should be a strong voter registration support mechanisms and financial support before the elections, of which if it is not there, it will be difficult to hold free and fair elections.

“I am very unhappy with the judgment passed by the majority.”

The Supreme Court on Friday ruled that elections be held on July 31, but two judges, Justices Luke Malaba and Bharat Patel dissented.

The Herald

By Prof Jonathan Moyo, MP

3 June 2013

The over-debatable proposition that lawyers are safe from the threat of automation taking over their profession because no one would build a robot to do nothing has found curious confirmation from scandalous political comments made by some good for nothing lawyers whose reaction to last Friday’s historic Constitutional Court judgment directing President Mugabe to issue a proclamation as soon as possible fixing the date of the next harmonised general elections which should be held by July 31 2013 has been unprofessional and disgraceful.

There are three cases in point involving David Coltart, Chris Mhike and Greg Linnington, who are all lawyers of one sort or another. Yesterday The Standard newspaper reported that Greg Linnington, whom the paper conveniently touted as a “constitutional law expert”, claimed he was “astounded” by the ruling of the Constitutional Court and that he said “in terms of the Constitution, after the expiry of Parliament, the President has four months to call for elections”.

The fact that the interpretation of this claim as contained in section 58(1) of the Constitution is precisely the question that was settled by the Constitutional Court did not mean anything to Linnington, who was only too happy to put himself above the Court.

But in a comment that revealed that the “constitutional law expert” of The Standard is actually a good-for-nothing lawyer, Linnington was quoted by the paper as having said that, “I have not yet seen the reasons for the judgement (meaning that he had not read the judgment), but the correct decision was that of the two dissenting judges, Justices Bharat Patel and Luke Malaba”!

Now, how can a constitutional law expert, as Linnington is purported to be, be “astounded” by a judgment which by his own admission he had not read?

And how can he use his ignorance of the reasons behind the judgment supported by seven judges of the Constitutional Court to declare that the dissenting opinions of Justices Patel and Malaba are the correct decision? What does Linnington make of the fact that Justices Patel and Malaba did not agree with one another in their reasons and ended up issuing two different dissenting opinions? If there is anything astounding here, it is that there are such “constitutional law experts” in our midst and that there are some newspapers that indulge them to peddle their childish nonsense and create confusion with regular monotony when the issues at stake are very serious.

Then there is the astonishing intervention of another lawyer who is otherwise a jolly good fellow, Chris Mhike, who in fact represented Morgan Tsvangirai in the election matter decided by the Constitutional Court last Friday. According to yesterday’s Daily News on Sunday, Chris Mhike told the paper that, “We are surprised that the Honourable Court orders and directs the President to proclaim dates for general elections in terms of the old Constitution, that is the 1979 Constitution, when as a matter of fact, the new Constitution of Zimbabwe provides explicitly that the next elections should be conducted in terms of the new law, not the old”. Just like the case of Linnington, who scandalously claimed to have been astounded by a court judgment that he had not read, Mhike’s statement to the Daily News on Sunday is scandalously ignorant of the correct legal position when he should know better because he represented Tsvangirai, who was the second respondent in the matter and he instructed Advocate Uriri to argue the matter before the Court.

In fact, it is Mhike who challenged the urgency of the case in Chambers before Chief Justice Godfrey Chidyausiku and indeed Mhike sat through the oral arguments made in the Court on May 24.

There can be no doubt, therefore, that Mhike is intimately familiar with the case and that he had an opportunity to make his case to the Court before it reached its historic decision.

Furthermore, the Court record which is in the public domain and thus available to anyone who wants to peruse it, clearly shows that neither Mhike nor Advocate Uriri made any representation to the Constitutional Court in the matter in question to the effect that President Mugabe should proclaim the date of the forthcoming general elections in terms of the new Constitution.  Mhike’s position as reported by the Daily News on Sunday is new, preposterous, false and scandalous because it is coming from a lawyer who should know and say better but who has chosen to use newspapers to play cheap inflammatory games.

For the record, the correct legal position is that the forthcoming harmonised general elections shall be conducted in terms of both the old Constitution and the new Constitution.  As provided under section 6(3) of its Sixth Schedule, the only operational parts of the new Constitution that came into effect after it was assented to and published in the Gazette by President Mugabe on May 22 are Chapter 3 relating to citizenship; Chapter 4, being the Declaration of Rights; Chapter 5, relating to the election and assumption of office of the President, Chapter 6, relating to the election of Members of Parliament and the summoning of Parliament after a general election; Chapter 7 relating to elections, except sections 158, 160, and 161; Chapter 8 relating to the jurisdiction and powers of the Constitutional Court; Chapter 9, relating to principles of public administration and leadership; Section 208, relating to the conduct of members of the security services Chapter 12, in so far as it relates to the Zimbabwe Electoral Commission; and Chapter 14, relating to provincial and local government.

It is notable that section 158 of the new Constitution, which deals with “Timing of elections”, is specifically exempt from commencing on the publication day, which was May 22 and will thus commence with the rest of the other parts on the effective day which is when the President will be sworn-in after the forthcoming elections.

What this clearly means and should be obvious even to bush lawyers, let alone Mhike, is that the timing of the next elections and the proclamations thereof shall be in terms of section 58(1) of the outgoing Constitution. If the timing of the elections had been done in terms of the new Constitution without suspending section 158 which requires that general elections be held at least 30 days before the expiry of the full life of Parliament, then the general election should have been held last Friday, May 31 2013 the day the Constitutional Court issued its historic judgment.

Mhike’s newspaper claim that the Constitutional Court should not have ordered or directed President Mugabe to proclaim dates for the next election in terms of the old Constitution is shocking nonsense coming from a lawyer who was right in the heat of the matter.

Lastly, there is the case of David Coltart, who always behaves as if his racist Rhodesian roots which saw him serving the notorious and brutal BSAP — an offshoot of the murderous Selous Scouts — entitle him to a superior status as an alleged human rights lawyer whose knowledge of the law is final and unchallengeable.  Coltart claimed also to the Daily News on Sunday yesterday in sinister language intended to influence his racist Educational Transition Fund (ETF) donors that “The effect of the judgement will be to seriously undermine our chances of having credible elections”.

Coltart was quoted further pontificating, as if he is some kind of Rhodie big brother who cannot shut his ever-lecturing mouth, that “I foresee a variety of very serious logistical and legal challenges arising, including a denial of a few fundamental rights”

Just how can a judgement of the Constitutional Court whose essence is to restore legality and constitutionality have the effect of undermining credible elections?  Are we, or should the donors out there who are wont to listen to white voices, to believe Coltart’s nonsense that credible elections and the rule of law are mutually exclusive?

It is instructive that while Coltart claimed to foresee all sorts of challenges, he did not cite even one.

He also alleged that there would be a denial of fundamental rights, which is the usual scare tactic to attract the intrusive attention of foreigners, but again he did not mention any fundamental right that would be denied as an effect of the judgement of the Constitutional Court.  Coltart’s bombastic fury was all hot air from a Rhodie who continues to contemptuously take Zimbabweans and their commitment to the legacy of the liberation struggle for granted.

In a clear demonstration of his unacceptable arrogance, Coltart was quoted by the Daily News on Sunday having claimed that the mandatory 30-day voter registration exercise is still pending and saying, “Assuming that the constitutionally mandated period of registration begins on Monday the 3rd of June, it must then run until the end of the 3rd July”.  But why should Coltart “assume” anything?  Or, put it differently, why should a constitutional matter be subject to Coltart’s or anyone’s arbitrary assumptions?

Anyone who thinks that the constitutionally mandatory 30-day period for voter registration is yet to commence is living in cuckoo land.

The unassailable constitutional position is that the 30-day period in question started on May 22, 2013 when President Mugabe assented to and published the new Constitution in the Gazette. What this means is that — constitutionally — today is the twelfth day of that mandatory 30-day voter registration exercise.  This position is very clear from the reading of section 6(3) of the Sixth Schedule of the new Constitution which provides that, “The Registrar-General of Voters, under the supervision of the Zimbabwe Electoral Commission, must conduct a special and intensive voter registration and a voters’ roll inspection exercise for at least thirty days after the publication day”.
The counting of the 30 days starts after the publication day and not from some arbitrary day assumed by Coltart or anyone else for that matter under the cover of logistical or political arguments that have nothing to do with the constitutional position.

As trained lawyers who may now be tainted if not compromised by their MDC politics of treachery; Coltart, Mhike and Linnington should at least think and verify before they leap and avoid Tsvangirai’s syndrome of approaching Constitutional or national issues with an open mouth and a shut mind.

Professor Jonathan Moyo is a political scientist,  Zanu-PF Politburo member; House of Assembly member for Tsholotsho North and former media, information and publicity minister.

News Day

By Dumisani Sibanda & Mernat Mafirakurewa 

3 June 2013

ZIMBABWE’s hopes of holding a credible poll have been dashed following a court ruling ordering elections by July 31, but analysts argue the move was not feasible to create a free and fair environment.

This follows a Supreme Court ruling on Friday ordering President Robert Mugabe to call for elections by July 31.

Mugabe immediately said he would uphold the judgment, promising to proclaim poll dates upon his return from Japan this week after consulting Justice minister Patrick Chinamasa.

But analysts yesterday concurred with Justice Luke Malaba, one of the two dissenting judges, who indicated that it was a wrong interpretation of the law to say elections should be held at the latest on the day the life of Parliament end on June 29.

He maintained there was provision to hold the polls within four months of its dissolution.

“Section 6(3) of the Part 3 of the Sixth Schedule requires that there be conducted by the Registrar-General of voters under the supervision of the Zimbabwe Electoral Commission a special and intensive voter registration and voters’ roll inspection exercise for at least 30 days after the publication day,” he said.

Malaba pointed out that in fixing the election date Mugabe would have to take into account the amendments which have to be made by Parliament to the Electoral Law and other regulations relating to the conduct of the elections to conform them to the new Constitution.

Lawyer Chris Mhike said: “In the context of the traditional behaviour of the reigning Inclusive Government, July 31, 2013 appears to be highly doubtful as a deadline date for a clean, credible, and legitimate election.

“In theory, there is nothing to stop government from implementing all the Global Political Agreement (GPA) reforms, regional and international best practice standards on elections; and effecting the necessary legislative reforms that are necessary for the holding of free and fair elections, now. However, various factors negate the feasibility of an equitable poll between now and July 31, 2013. These aggravating factors include, inter-alia: the apparent lack of funds for the financing of all the necessary electoral processes; the lack of political will on the part of certain powerful bureaucrats who are loudly rubbishing the need for pre-election reform; and the delicacy of the process for the alignment of the Electoral Act and various draconian statutes, with the new Constitution of Zimbabwe.”

Mhike added: “With a little less than two months before the expiry of the deadline; without a declaration yet on the commencement of the ‘Electoral Period,’ and in light of the extensive nature of the preparatory work that needs to be undertaken ahead of general elections, we certainly have something of a phenomenal predicament on our hands.”

Education minister and lawyer David Coltart said the Supreme Court decision would “seriously undermine our chances of having credible elections”.

“Far from this judgment being a triumph for the rule of law it poses a very serious challenge to the painstakingly constructed process of peaceful reform we have been engaged in during the last five years,” Coltart said.

“So assuming that the constitutionally mandated period of registration begins on Monday the 3rd of June it must then run until the end of 3rd July. That means that the nomination day cannot be before the 5th of July. There have to be 28 days between the nomination day and the election which means the election cannot be before the 2nd of August if the Constitution and Electoral Act are to be complied with.”

Constitutional lawyer Greg Linington also described the decision by the Constitutional Court as “shocking”.

“I am amazed. I am shocked by the decision. I disagree with the decision, but agree with the position by the two judges who dissented,” Linington said.

“Practically, there are issues to do with voters’ roll and other supporting mechanisms that have to be in place before polls. My reading of the law is that there are four months after the expiry of the life of Parliament within which to hold the polls.”

The Herald

By Augustine Hwata

31 May 2013

MORE than a dozen Zimbabwean athletes will line up for the running of the 89th edition of the Comrades Marathon in South Africa on Sunday but the spotlight will clearly be on Stephen Muzhingi in a field of about 19 000 runners.

The 33-year-old made history when he became the first athlete, after the legendary Bruce Fordyce, to win the Comrades three times in a row when he won in 2009, 2010 and 2011.

Last year Muzhingi become the only the second man, after Derek Preiss in 1974, to hold both titles in the Two Oceans (56km) and the Comrades (87km).

However, the celebrated Zimbabwean athlete later failed to defend his Comrades title as South African, Ludwick Mamabolo, took the crown although his win has been tainted by allegations of doping.

Although he has since been cleared, a shadow remains.

Muzhingi finished 39th in the Two Oceans but he told Letsrun.com that he was now eyeing for the best in the race running between Durban and Peitmaritzburg.

“Comrades is another race altogether, and many of the top guys will tell you that we all kind of do the same training, hills for strength, long runs, speed and speed endurance,” said Muzhingi.

“I am now more focused and determined to bring a good result.

“I have always done most of my training in Zimbabwe in rural areas so that I don’t worry about traffic.

“A little secret is that I do a lot of cross country work so that this gives all my muscles a good work out, so I become very strong.”

Just like in any race enters, Muzhingi is hopeful of winning on Sunday.

“I was well prepared at Two Oceans and I really wanted to defend the title. I was in the early group and at around 15km my calf started hurting when I was running at my normal pace.

“So I slowed down a bit to see if it would come right, as it was early in the race, and if it could stop hurting then I would still have enough time to catch the leaders.

“After about 2km I tried to push up again but the calf was still sore. When I was running at an easy pace it was fine.

“My manager (Craig Fry) told me to get off the road and stop running, but I just felt at the time that I had an obligation to my sponsors, FedGroup, Toyota and Adidas that I stay in the race.”

The ace Zimbabwean runner believes South African athletes Fanie Matshipa, Claude Moshiyswa and defending champion Mamabolo could give him a big challenge on Sunday.

Muzhingi also hopes that fellow Zimbabwean athletes Moses Njodzi, Point Chaza, Mike Fokorani, Marko Mambo and Collin Makaza and female athlete Tabitha Tsatsa will be able to win medals.

And as Muzhingi and others prepare to take part in the Comrades Marathon, the Minister of Education, Sports, Arts and Culture, David Coltart, reiterated his support for the sporting ambassadors.

“All the very best to Stephen Muzhingi as he prepares to take back his rightful crown of the Comrades being run on Sunday. Go and do Zimbabwe proud!,” wrote Coltart on his profile.