Chinamasa admits Zanu PF has no two thirds majority
Justice minister Patrick Chinamasa, who made the claim that his party commands a two-thirds majority in parliament in a memo to a Zanu PF central committee meeting on May 27, said his assertion was a "political statement solely for the benefit and preview" of that meeting.
Without dealing with issues raised, Chinamasa said Moyo's application was "without cause and therefore should be dismissed with costs on a higher scale".
Moyo recently challenged Zanu PF's claim of a two-thirds majority - which ceased immediately after the application - saying it was false and had grave implications for the rule of law and constitutional governance. Chinamasa said his claim was not based on the legal and factual position of the composition of parliament but was merely a "political statement".
During the Zanu PF meeting in question, Chinamasa said: "Zanu PF emerged from the elections commanding a two-thirds majority in the House of Assembly". He broke down the purported "two-thirds" showing that Zanu PF has 78 elected MPs, eight provincial governors, 12 non-constituency MPs, and 10 chiefs as part of its bloc of legislators.
Zimbabwe Electoral Commission chairman George Chiweshe said the court could not make a declaratory order on a case not in dispute. He said it was abundantly clear Zanu PF has no two-thirds majority in parliament.
"There is no dispute about that and therefore a court cannot make a declarator (declaratory order) of such an issue which is patently obvious," Chiweshe said.
"In any event this honourable court will note that all the applicant has sought
in the notice of motion is a declaration that statements contained in the annexures (Chinamasa's memo and newspaper cuttings) attached to the application are false statements."
Chiweshe, who objected to being cited as a respondent claiming the case had nothing to do with him, said Moyo had "dismally failed" to set forth a right in contention and his case should be dismissed. While dismissing Moyo's case he went on to try to build a defence based on semantics.
"What the honourable minister (Chinamasa) has said is that Zanu PF has emerged from the election commanding a two-thirds majority in the House of Assembly," he said. "He did not say Zanu PF has a two-thirds majority in the House of Assembly."
Attorney-General Sobusa Gula Ndebele said Chinamasa's memo was a "political statement and not a legal statement". He said Moyo failed to specify which provisions of the constitution and Electoral Act had been violated.
is misdirected concerning the issue of a two-thirds majority in parliament,"
Ndebele said. "The issue of mastering or commanding a two-thirds
majority in parliament is a question of fact, not law." - Zimbabwe
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