THREE former MDC MPs expelled by their party last year say the government cannot plead poverty to excuse its failure to hold by-elections in their constituencies.

In a replying affidavit filed with the Bulawayo High Court this week, the trio – Abednico Bhebhe (Nkayi North), Njabuliso Mguni (Lupane East) and Norman Mpofu (Bulilima East) – say it was “incompetent” for President Robert Mugabe, through Justice Minister Patrick Chinamasa, to oppose their application on the basis that the government is broke without backing up that claim.

“A supporting affidavit of the Finance Minister should have been sought and attached to opposing papers of the 3rd respondent (President Mugabe). It is incompetent for the Justice Minister to seek to speak for the Finance Minister. The opposition thus has to fail on this aspect,” the MPs said.

The former MPs were expelled by the MDC led by Deputy Prime Minister Arthur Mutambara in July last year following misconduct hearings.

They went to the High Court on August 2 this year seeking an order compelling the Zimbabwe Electoral Commission, its chairman and President Robert Mugabe to call by-elections in their constituencies within two weeks of such a relief being granted.

But the Zimbabwe Electoral Commission filed opposing papers stating that ordering by-elections was "the limited prerogative of the President”.

Mugabe, through Chinamasa, said the government needed US$38,3 million to fill 11 House of Assembly seats, seven Senate seats and 50 local authority vacancies – money which the state did not have.

“... it is to be borne in mind that ... there are many vacancies which occurred prior to the occurrence of vacancies in the three constituents which are the subject matter of the application,” the President said in his affidavit.

“It is, therefore, quite clear that by-elections cannot be held only in respect of vacancies in the three House of Assembly constituencies sought by applicants but simultaneously in respect of all the House of Assembly, Senatorial and local authority vacancies.”

Mugabe added: “Sanctions imposed against the country and which are still continuing, have wreaked havoc on the economy of the country and the government finds itself in a situation where it has very little fiscal space.

“For this reason, and this reason alone, it has not been possible to hold by-elections to give effect to the constitution and our electoral laws.

“As soon as I am informed by the Minister of Finance (Tendai Biti) that resources have been secured and are available for the purposes of holding elections, I will have no hesitation in ensuring that by-elections are conducted expeditiously in all the constituencies and wards in which vacancies have occurred.

But in their counter-argument, the former legislators said on Tuesday: “With respect, the courts are called upon to deal with matters placed before it, or to deal with questions of law and fact before them and not peripheral matters that may be similar to what is before them.

“To that extent, the issue of other electoral vacancies does not arise. As regards to the issue of the state of Zimbabwe being broke, that is a point as already alluded to above, to be pleaded by the Minister of Finance. There is nothing before the court from the Minister of Finance to suggest that there are no funds to hold the three by-elections.”

The former MPs say delays in holding elections is a fundamental breach of their constituencies’ right to parliamentary representation.

They add: “It is clear that representation in the legislative chambers of our country is a very fundamental right because it is concerned with the governance of a country. In that regard, the law thus made it peremptory for by-elections to be held should a vacancy arise for whatever reason.”