Norman Tjombe of the Legal Assistance Centre confirmed that the papers were served on several individuals as well as the tribunal's head office in Windhoek and that they were awaiting a date for the hearing.

"We have made a host of demands including that the elections be declared unconstitutional," Tjombe said.

Mugabe attended a weekend SADC summit in South Africa despite the application and a boycott of the meeting by Botswana President Seretse Khama Ian Khama.

Khama refused to attend the summit because his government does not recognise Mugabe's re-election.

Mugabe ran alone in the June 27 presidential run-off election after the main contender and opposition leader, Morgan Tsvangirai, pulled out, citing state-sponsored violence against his supporters.

The poll was condemned around the world and criticised by regional election observers.

The 14-member SADC urged Zimbabwe's leaders to forge an inclusive government.

ZEF, an SA-based non-governmental organisation assisting those who have fled from the political violence in Zimbabwe, is being assisted by the Legal Assistance Centre and the Southern African Litigation Centre.

Their application seeks to hold SADC to its own founding principles, arguing that since Mugabe's election as president of Zimbabwe was recognised by SADC itself as not free and fair and not reflective of the democratic will, Mugabe should not be recognised as a head of state.

According to them, the election was unlawful under Zimbabwean constitutional law and relevant international law.

The African Union law requires that a state party be suspended immediately once there is an unconstitutional change in government.

It makes clear that "any refusal by an incumbent government to relinquish power" belongs in the same category as a coup d'etat.

ZEF argued that since Mugabe was not constitutionally elected, he was not a lawful head of state and should not be allowed to take his seat at the SADC summit or any other forum.

The exiles want the tribunal to declare that, in terms of SADC's own underlying principles set out in the SADC Treaty, it may not recognise governments that come to power by unconstitutional means.

The urgent application was filed against SADC, its Executive Secretary Tomaz Augusto Salomão, Mugabe and the government of Zimbabwe.

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