Human rights lawyer Jeremiah Bamu has won an application where he is seeking to be included as amicus curiae in a case in which opposition MDC leader, Douglas Mwonzora is seeking suspension of this year's general elections through challenging the Zimbabwe Electoral Commission's (ZEC) delimitation report.
An amicus curiae is a "friend of the court" who seeks to assist a court in arriving at a just decision by presenting additional information, arguments and/or evidence before a court, usually not advanced by the parties to a matter.
In its ruling, the Constitutional Court of Zimbabwe said it is in the interest of justice for the applicant to be admitted as amicus curiae.
Mwonzora and MDC-T are seeking to nullify the electoral boundaries in ZEC's delimitation report prepared for the 2023 polls.
The move by Mwonzora if ruled for, will require the preparation of another delimitation report, consequentially stopping President Mnangagwa from proclaiming the 2023 general elections.
According to Bamu, the interdict sought by Mwonzora is unconstitutional and has the impact of precipitating a constitutional crisis.
"The applicant (Bamu) is a registered voter with an intention to vote during the 2023 general elections," reads his application filed through Maunga Maanda and Associates.
"The applicant bears an interest in the proceedings as they concern proper delimitation of the electoral boundaries and the potential prohibition against proclamation of the dates for the 2023 general elections.
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"The applicant intends, as amicus curiae, to make submissions which will be useful and different from those of the parties on matters to be determined by this court."
According to a statement by the Zimbabwe Human Rights NGO Forum and Zimbabwe Lawyers for Human Rights, the Constitution of Zimbabwe requires that elections be held every five years, and a defective or nullified delimitation report, cannot be the basis for the postponement of elections.
ERC added "The Constitution is explicit and peremptory in that, where the delimitation report is not completed six months before an election, or where it is deemed unconstitutional, the old boundaries ought to apply for that election and does not envision a suspension of elections.
"The constitution makes it clear that power should be acquired only through a periodic election conducted every five years, and the term of office of elected government officers is strictly five years".
According to ERC, there is no legal basis that will allow the current government to legitimately remain in power post 26 August 2023, therefore any proposed suspension of the 2023 harmonised elections poses a threat to Zimbabwe's democracy.
