The Supreme Court of Zimbabwe has reserved judgement in the case in which three former legislators who were dismissed from the MDC party were appealing for the holding of by-elections in their respective constituencies.
The Supreme Court bench led by Chief Justice Godfrey Chidyausiku said there is no section of the law where the bench can derive powers to say the President disobeyed the law by not gazetting the dates for by-elections because there was no money.
In their submissions, the former legislators - Abedinico Bhebhe, Njabuliso Mnguni and Norman Mpofu - represented by Ndabezihle Mazibuko of Calderwood Bryce Hendrie and Partners, appealed to the Supreme Court bench to consider their plea for ordering that the President gazettes dates for the by-elections without delay.
However, Advocate Ray Goba representing the State argued that the President could not do so because he was well advised that there is no money for the by-elections.
The three former legislators instituted the court action after declaring their interest to contest as independent candidates after they were dismissed from the MDC.
High Court Judge Nicholas Ndou in October last year directed the President to ensure that by-elections for Nkayi South, Bulilima East and Lupane East constituencies be held.
However, the President through Justice and Legal affairs Minister Patrick Chinamasa submitted to the High Court that there were more than three constituencies awaiting by-elections.
He argued that the process required US$38 million.