Zimbabwe's Constitutional Court ordered Mugabe on Friday to hold elections before the end of July, adding to political controversy over the timing and funding of the vote in the southern African state.
"The elections should take place no later than July 31 2013," the court's Chief Justice Godfrey Chidyausiku said.
He was ruling on an application to the court by a Zimbabwean citizen demanding that Mugabe set an election date before the current Parliament expires next month.
Mugabe (89) and in power since independence from Britain in 1980, is to face long-time rival Morgan Tsvangirai in the vote.
Tsvangirai has been arguing that fresh elections after disputed polls in 2008, which led to the formation of a power-sharing government, should be delayed.
He says this will allow for the opening up of broadcast media, registration of new voters and reform of the military to ensure it stays out of politics.
Violating the Constitution
A Zimbabwean rights activist, Jealousy Mawarire, filed a case with the Constitutional Court challenging Mugabe to set dates for presidential and parliamentary elections by June 29, arguing that the executive risked violating the Constitution.
Chidyausiku, whose ruling was supported by six other judges, said it was now legally impossible to hold elections by June 29, but that Mugabe had violated Mawarire's rights as a voter by not proclaiming an election date so far.
There was no immediate response from the presidency but lawyers said Mugabe could seek an extension on the July 31 date through the courts.
Zimbabwe's Finance Minister Tendai Biti, a senior member of Tsvangirai's Movement for Democratic Change party, said the country is struggling to find the $132-million needed to be able to hold the elections. Regional leaders have called a special summit to help Harare raise the money.
Mugabe has been in power since leading the former Rhodesia to independence from Britain in 1980, and denies charges that he has used violence and rigged the last four major elections to retain office.
Tsvangirai response
In response to the ruling, Tsvangirai said in a statement: "Whilst I have great respect for the courts and the judiciary system, today's ruling by the Supreme Court setting an election date is evidence that the court has far overstepped its mandate.
"The Supreme Court has no power whatsoever to set an election date. In the true spirit of independence and the separation of powers, an election date remains a political process in which the executive has a role to play."
An election date was the responsibility of the executive, Tsvangirai added, which had so far failed to fulfil that duty
"SADC [Southern African Development Community] and the people of Zimbabwe know that an election date is a result of political pronouncements in which the judiciary has no role to play … The only positive news from the ruling is that it has quashed the circus of an election date by June 29. This ruling only vindicates some of us that June 29 was a legal and political non-starter. It, however, still remains difficult to appreciate the practicality of an election by July 31." – Reuters