Chigumba’s Dark Blind Spot: S93
Justice Priscilla Chigumba who says MDC Alliance leader, Nelson Chamisa’s case has challenges on technicalities appears ignorant of S93 of the constitution.
S93 requires one to file an application within 7 days to the court. It does not talk serving Respondents. The limit is on “filing.” Chigumba must refer to s336 of the constitution.
“7 336 References to time
(1) In this Constitution, whenever a period of days is expressed–
(a) to begin on or to be reckoned from a particular day, that day is not to be included in the period;
(b) to end on or to be reckoned to a particular day, that day is to be included in the period.
(2) Subject to this Constitution, whenever the time for doing anything in terms of this Constitution ends
or falls on a Saturday, Sunday or public holiday, the time extends to and the thing may be done on the
next day that is not a Saturday, Sunday or public holiday.
(3) A reference in this Constitution to a month is to be construed as a reference to a calendar month, and a period of months is to be reckoned from the date when the period begins to the corresponding day of the month when the period ends.
A reference in this Constitution without qualification to a year is to be construed as a reference to a
period of twelve months.”
One does not need to interpret what the constitution wanted to say about time using a statutory instrument when there is a whole section like 336 which explain what within 7 days referred in s93 mean. Like it is said. The first day that is Friday 3 August is not included.
Now she must realise that the law was not written for Chamisa or to suit her rigging tactics. S336(2) I clear and clear out any other tricks.
“Subject to this Constitution, whenever the time for doing anything in terms of this Constitution ends or falls on a Saturday, Sunday or public holiday, the time extends to and the thing may be done on the next day that is not a Saturday, Sunday or public holiday.
“I hope she understands the word extend. If she understand the word extend she must further understand that when s93 said within 7 days it also gave right to extend the filing if it falls on a Saturday or Sunday or public holiday. I she is to take her calender and see if 4th and 5th of August did not fall on a Saturday or Sunday.
The next day which could be filed by applicant was Monday 6th August followed by Tuesday 7, Wednesday 8, Thursday 9 and Friday 10. It is the constitution that directed that filing must be done with 7 day after declaration and also it is the one that excluded Saturdays and Sundays as days of filing. By that it cannot confuse itself by giving 7 days which we all know cannot avoid to fall on a Saturday or a Sunday. It there for show that 7 days are business days as required by Constitution. By this, Chamisa had two extra filing days when he filed his application.
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