Source: ‘Stop abuse of recall law’ –Newsday Zimbabwe
THE Zimbabwe Electoral Support Network (Zesn) says there is need to stop the abuse of the recalls law through the regulation of political parties.
The electoral watchdog said lack of regulatory frameworks has also led to conflicts, a volatile party system and insufficient accountability among political parties.
Last month, the Zimbabwe Electoral Commission (Zec) said it was pushing for the registration of political parties through an amendment of the Electoral Act.
In its position paper, Zesn said failure to have regulatory frameworks for political parties has led to the abuse of the recalls law.
“From its genealogy, the recall clause has had a negative implication on democracy in political parties in Zimbabwe,” Zesn said.
“More often than not, recalls have been used for personal political gains resulting in the abuse of power by individual political rivalries to try and reverse election results, causing voter apathy in by-elections and citizen disgruntlement.
“Reforming the law to mandate the registration of political parties is essential for creating a transparent, accountable, and democratic leadership structure, ultimately enhancing the parties’ effectiveness and resilience.”
In terms of section 129(1)(k) of the Constitution, legislators and councils can be recalled from Parliament through a letter by a political party to the Speaker of Parliament.
Last year, self-imposed Citizens Coalition for Change (CCC) interim secretary-general Sengezo Tshabangu snatched the party from its leader Nelson Chamisa and went on to recall dozens of elected councillors and legislators.
The recalls resulted in the ruling Zanu PF party regaining a two-thirds majority in Parliament through by-elections.
Analyst Rejoice Ngwenya, however, said it was difficult to regulate parties without compromising their missions.
Ngwenya also said the recall clause was open to abuse in its current form.
“The recall clause is a great innovation, but must be endorsed only through the wards and constituencies that elected the person, not party officials,” he said.
“Also, the disciplinary process must be public and recorded. It is not Parliament, council or executive committee that recalls, but a resolution passed by voters or members of the party.”
Another analyst Effie Ncube expressed fears that regulating political parties may lead to muzzling the democratic space.
“This means that regulation of political parties should not be used as an excuse to destroy dissenting voices and curtail democratic opposition,” he said.
Ncube also supported the need to reform the recall laws.
CCC spokesperson Promise Mkwanazi said any regulatory measure should be genuine.
“During the Robert Mugabe/Morgan Tsvangirai era, we all knew the leaders of the respective political parties and there was never a problem of importers, vultures and opportunists,” he said.
“In redressing this issue, we must revert to the intention of the clause and the law which was to give citizens rather than parties and leaders the power and recourse to address the issue of errant and wayward public office holders.”
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