with. Instead the Complainants have only resorted to allegations that the judiciary has been reluctant
to deal with, and finalizing the petitions before it.
94. The Respondent State submits that the Government has no role in the determination of election
petitions thus it is untrue to allege that it frustrated the petitioners in the hearing of their petitions. The
State added that most petitions filed in the High Court in 2001 were heard and judgments delivered to
the parties within six months.
95. To substantiate the above argument, the State cited a number of cases that were disposed of
within six months, includingLucia Makesea vs. Isaiah Shumba HC 8070/00, Phineas Chivazve Chiota
vs. Registrar General of Elections and Ben Tumbare HC 8221/00 which was set down for hearing on
th
18 July 2001 and judgment delivered on January 23, 2002; Godfrey Don Mumbamarwo vs. Saviour
th
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Kasukuwere set down on 9 July 2001 and judgment delivered on January 17 2002; Moses Mare vs.
Elliot Chauke HC 8068/00 judgment delivered on June 20, 2001 and; Patrick Tsumele vs. Aaron
Baloyi HC 8072/00judgment delivered on June 21, 2001.
96. More recently after setting up of the Electoral Court, petitions have been disposed of in six
months. In cases decided by the High Court, the loosing [sic] parties appealed to the Supreme Court.
The Supreme Court heard most of the appeals and the MDC lost in some of the cases, such as Hove
vs. Joram Gumbo with respect to the Mberengwa West Constituency. Some cases were dismissed as
the appellants were not willing to prosecute their cases, for example, Mazurani vs. Mbotekw, with
respect to the Zvishavane Constituency and Mumbamarwo vs. S Kasukuwere with respect to the Mt
Darwin Constituency.
97. According to the Respondent State, in the above cited cases the petitioners were asked by the
Supreme Court to file their heads of argument but they failed and the cases were subsequently
dismissed under Rule 44 of the Supreme Court Rules for non-compliance with court rules. The same
applies to Order 238 Rule 2 (b) of the High Court Rules.
98. The State added that the petitioners have over time withdrawn petitions after realizing the
weaknesses of their cases and paid wasted costs to the Respondents acknowledging their fault for
bringing uncommitted and misconceived petitions. This was the case with respect to Elphas
Mukonoweshuro vs. Ben Mahofa Case No. EP 11/05; Aaron Chinhara vs. Lovemore Mupukuta EP
20/05; Eileen Heather Dorothy Bennet vs. Samuel Undenge Case No. EP 11/05; Evelyn Masaiti vs.
Mike Nyambuya EP 18/05; Hilda Suka Mafudza vs. Patrick Zhuwawo 16/05 and; Ian Kay vs. Sydney
Tigere Sekeremayi Case No. EP 16/05.
99. It is further submitted by the State that in the above mentioned circumstances the Government
did not frustrate the petitioners in pursuing legal recourse according to the law. In fact, it is the
petitioners who did not pursue their petitions expeditiously.
100. Further in terms of the Practice Directions of the Supreme Court, Practice Direction No. 1 of
1993 reported in the Zimbabwe Law Reports pages 241 (5) the Supreme Court as per Gubbay CJ
directed that:“If in any particular case, whether of a criminal nature, a delay in obtaining judgment should occur
which is considered inordinate the aggrieved party or his legal practitioner is invited to bring such
delay to the attention of the Chief Justice or the Judge President if it be in respect of a High Court
matter, and to the Chief Magistrate, if it be a magistrates Court matter. Upon receipt of such
notification the Chief Justice, the Judge President or the chief Magistrate whoever has been
addressed to will proceed to investigate the complaint, and provided he is satisfied that in all
circumstances the delay is unreasonable, will apply his best endeavors to obviate it.”
101. The Respondent State submits that the communication does not indicate if at any point the
various Complainants addressed the issue of delays to the Judge President or Chief Justice, and if
that was so whether the Judge President and the Chief justice did nothing after receiving the
complainant [sic]. The Complainant’s allegations are unsubstantiated and thus ought to be dismissed
as unfounded.
102. Thus, in the opinion of the State, the judiciary and indeed relevant provisions of laws enable
petitions to be concluded within a reasonable time contrary to the Complainant allegations.
103. Concerning allegations of violations of Article 13, the Respondent State denied that the
Republic of Zimbabwe violatedArticle 13 by enacting laws curtailing freedoms of association, assembly