The full Constitutional Court bench, chaired by Chief Justice Luke Malaba, has dismissed top lawyer Jeremiah Bamu' s application as amicus curiae in a case where MDC leader Douglas Mwonzora is seeking postponment of elections.
Amicus curiae is Latin for 'friend of the court'; a non-party with an interest in the outcome of a pending lawsuit who argues or presents information in support of or against one of the parties to the lawsuit.
Mwonzora is seeking nullification of Zimbabwe Electoral Commission (ZEC) delimitation report on grounds that the exercise was improperly carried out.
The opposition leader wants a consequential relief that the exercise be re-done and that elections be held only after the exercise is completed and a new report is submitted.
Bamu was against postponement of the election, arguing that this relief, if granted, would be in violation of the Constitution.
However, the Harare attorney's bid to join the case was dismissed by the apex court after his heads of argument filed by another lawyer, Advocate Tererai Mafukidze.
Bamu was ordered to file his heads of argument last Friday after his application to be part of the proceedings was granted.
Malaba ruled that, as an expert, Bamu was not supposed to be represented but present the arguments himself before ruling that, "So we don't have amicus curiae here."
"The law is very clear, that the amicus curiae must produce heads of argument," explained the Chief Justice.
"We never granted Bamu leave to be represented by another part. We said, you are an expert, you come and assist the court yourself.
"We said submit your heads of argument. Mr Bamu didn't do so; so we don't have amicus curiae in this case."