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extension of the election date from July 31 on Monday, PM Tsvangirai argued that ThursdayJune 28 2013 does not exist on the calendar.

However, legal and political experts said specification of the day was just a descriptive aspect which is of no legal consequence to the nomination date.

They pointed out that PM Tsvangirai’s argument was based on a clear and genuine typographical error.

University of Zimbabwe constitutional law don and National Constitutional Assembly chairperson Professor Lovemore Madhuku said the PM’s argument had no legal basis.

“At law, a day has three elements namely date, month and year. The day of the week is irrelevant and where it is included, it is superfluous.

“What is relevant is that the proclamation date is 28 June 2013 so the date does exist. Legal interpretation is not an artificial concept and everyone knows when 28 June is. Thursday is an obvious typing error.”

Prof Madhuku said nobody was misled by that typing error and it could not be taken as a serious argument.

Prominent Harare lawyer Mr Jonathan Samukange echoed similar sentiments and described the PM’s argument as “nonsensical”.

“That is a typing error and what is important is the date,” he said.

“Who does not know that 28 June is on Friday? That is not even a technical argument.”

Political scientist Professor Jonathan Moyo said in any case, the court did not order the President to fix a day, but a date for the elections.

“Anyone who thinks that June 28 does not exist as a date is a fool,” he said.

“There is a difference between a date and a day. What was required of the President was to fix an election date and to ensure that it is not later than July 31.

“June 28 is the date fixed by the President for the sitting of the Nomination Court in order for the elections to be held on July 31.
“The date does exist and everybody knows this, including Prime Minister Morgan Tsvangirai. He cannot suddenly pretend to be wise today as if the proclamation was made yesterday.”

The PM, said Prof Moyo, did not raise any claim that June 28 did not exist in a press statement issued on the proclamation day because that would have been foolish and false.

“The same goes to the MDC media mouthpieces which have run headlines that June 28 does not exist after writing countless stories that the Nomination Court will sit on June 28,” he said.

“The day Thursday is an obvious clerical error which is typographical in nature and has no legal consequence whatsoever.

“To split hairs to come with preposterous claims that there is no such a date on the calendar is indulging in a frivolous and vexatious argument with no legal basis or consequences.”

Midlands State University media and society studies lecturer Dr Nhamo Mhiripiri said the PM was placing emphasis on issues of no legal basis and importance.
“Some of these things stand to level themselves,” he said.

“At times people want to split hairs unnecessarily because it is clear that on the balance of probability one can simply tell that if 27 June is on Thursday it follows that 28 is on the next day.”

A Harare lawyer who spoke on condition of anonymity said: “The question is neither here nor there. The date is June 28 and mentioning of the day was just descriptive.
“The President was required to proclaim the date and not the day. As far as that proclamation is concerned, the President has complied with the court order. The PM is just clutching at straws.”

PM Tsvangirai filed an application on Monday seeking to nullify the proclamation by President Mugabe setting July 31 as the date for the harmonised elections.
It is in the same application where he raised the nomination date, saying it does not exist anywhere in the world.