By Violet Gonda
SW Radio
Africa
13 August 2013
Zimbabwe faces new political and legal uncertainty after President Robert Mugabe unilaterally proclaimed July 31st as the election date. Mugabe used a presidential decree to fast track amendments to the Electoral Act to by-pass parliament, in a move that has angered his partners in the coalition government.
Prime Minister Morgan Tsvangirai said Mugabe’s actions were unilateral and a flagrant breach of the constitution and the Global Political Agreement.
He immediately threatened legal action, saying there are mandatory electoral processes, such as the completion of the voters registration exercise, that need to be finished first and that August 25th is the earliest date that elections can be held.
MDC president Welshman Ncube used the ‘F’ word to describe the implications of these latest developments, which come two days before a special SADC summit on Zimbabwe to discuss the country’s election roadmap.
He said: “It is very clear that this proclamation is deliberately designed literally to tell SADC to f*** off.”
Mugabe said he had also set 28th June as the date for the nomination of aspiring candidates. “Given the need to comply with the deadline for elections as imposed on me by the Constitutional Court judgement, it became inexpedient to await the passage through parliament of the Electoral Amendment Bill to align the electoral law with the new Constitution.
“Accordingly I found it necessary to invoke the Presidential Powers Act in order to comply with the Order given by the Constitutional Court,” Mugabe explained in his letter to his political partners.
But Tsvangirai said Mugabe had breached the terms of the GPA and that the President can only act in consultation with the Prime Minister in respect to any executive decisions, including the announcement of the date of the election.
“I, as PM, cannot and will not accept this,” Tsvangirai told journalists immediately after Mugabe made the announcement.
He said: “The net effect of the proclamation is therefore to infringe on the constitutional provisions obliging the 30-day intense voter registration exercise.
“It will also mean that President Mugabe is disenfranchising many people who were registering to vote, for instance aliens and first time voters. President Mugabe is also denying political parties and Zimbabweans the opportunity to inspect the voters roll.”
Mugabe is accused of abusing the Presidential Powers act, which in the past allowed him to make laws on his own without Parliament, but in the new Constitution “only Parliament has the power to make primary legislation and that its powers of making law cannot be delegated to anyone, including the President.”
Tsvangirai said Mugabe had acted unlawfully and unconstitutionally and is deliberately creating and precipitating an unnecessary Constitutional crisis.
The MDC-T said it is filing an urgent court application and will take the matter up with regional leaders at the extraordinary summit on Zimbabwe in Maputo on Saturday.
Ncube told NewZimbabwe: “It is now patently clear that we are dealing with deceitful scoundrels of the worst kind, not just contemptuous of us in the inclusive government but equally contemptuous of SADC.
He accused ZANU PF of cheating after he revealed that cabinet had agreed to take amendments to the Electoral Act to parliament next week and also agreed that voter registration will run until July 9th. “We also agreed to hold a weekly cross-party review of our election preparedness. Then out of the blue I wake up to receive a letter from Mugabe literally saying go to hell. At this level, this kind of deceit is unacceptable.”
Ncube said: “The ball is now in SADC’s court, do they accept to be deceived this way? Do they accept the brazen contempt against them? If SADC allows Mugabe to get away with this, it would be a very, very sad indictment on them.”
MDC99 leader Job Sikhala blamed the crisis on all the political actors in the inclusive government.
Sikhala told SW Radio Africa: “Those people who have been with ZANU PF in the inclusive government are stupid. They have betrayed the people of Zimbabwe. We have been expecting Welshman Ncube and Morgan Tsvangirai to force ZANU PF to have political reforms.They have been in this government and have never done anything. The three political parties are responsible for the crisis. For five years I never thought they would bring to the table this nonsense.”
Constitutional lawyer Dr. Lovemore Madhuku said the MDC formations must just ‘swallow their emotions’ and accept that elections should be held next month. Speaking during a panel discussion on the Hot Seat program, with constitutional lawyers Derek Matyszak and David Coltart, the chairman of the National Constitutional Assembly reiterated that it is better to “break the constitution” than to delay elections.
Matyszak insisted it is impossible to finalise electoral processes within the remaining time frame and said the constitutional crisis shows a serious problem in the separation of powers in the country.
Coltart revealed that Chief Justice Godfrey Chidyausiku said, when he ordered the July 31st election deadline, that any Constitutional Court ruling has to be in compliance with the constitution and the electoral law.
Coltart said: “That is why we feel we have strong grounds to go back to the Constitutional Court to ask the court to vary its judgment so that its order is brought in compliance with the dictates of the constitution.”
Meanwhile, the International Crisis Group’s Piers Pigou said Mugabe does not really have to stick to this date and his sudden proclamation, just two days before the SADC summit, could be part of a chess game being played by ZANU PF in order to force through other compromises.
He also said the “shocked” reaction from the MDC formations is surprising, as they should have seen this coming.
Click here for Hot Seat elections debate
Click here for Interview with Piers Pigou
Click here for Morgan Tsvangirai press conference
http://www.independent.co.uk/
President invokes powers to bypass parliament and
declare elections to be
held by the end of July
DANIEL HOWDEN THURSDAY
13 JUNE 2013
President Robert Mugabe has been accused of “frog marching”
Zimbabweans
towards another “illegitimate and violent” election after
unilaterally
declaring 31 July as polling day.
Morgan Tsvangirai, his
political rival and prime minister in the power
sharing government that
followed the last election, has opposed snap
elections saying they would
violate the country's new constitution.
Mr Tsvangirai, who was informed
by letter of the election date warned that
key reforms to the media,
security services and voters' roll had not been
carried out. He fears that
the push for early elections aims to exploit
loopholes that will allow his
opponents to rig the election. The prime
minister said the earliest legal
date for an election was 25 August. He
described the attempt to push through
an early vote as “a clear, flagrant
and fraudulent breach of our
Constitution.”
Earlier in the day Mr Mugabe unilaterally changed several
aspects of the
election law including reducing the registration period,
which began on
Monday from 30 days to 17. Zimbabwe's highest court surprised
observers in
May by calling for elections to be held no later than the end
of June
despite a host of agreed reforms still waiting to be implemented.
The
89-year-old Mr Mugabe is a past master of using procedure to throttle
any
challenge to his authority. The bulk of the reforms agreed to in peace
talks
five years ago, mediated by South Africa, have been hollowed out or
entirely
ignored.
The old political foes have been been locked in a
dysfunctional unity
government that was agreed under pressure from regional
powers including
South Africa in the aftermath of violent and disputed
elections in 2008. Mr
Tsvangirai won the first round of the last polls but
withdrew from a run-off
against Mr Mugabe after a concerted campaign of
violence and intimidation
against his supporters.
Despite delivering
some comparative economic stability, Mr Tsvangirai's
Movement for Democratic
Change has had little influence over the courts, the
media or the security
services which are still controlled completely by the
president's Zany-PF
party. An extraordinary summit of regional leaders has
been called to
discuss the forthcoming elections but has twice been delayed
to accommodate
Mr Mugabe.
“It is now clear that President Mugabe called for the
postponement in order
to go to SADC with a done deal of an election date,”
said Mr Tsvangirai.
“Thus clearly, President Mugabe has sought to render the
forthcoming SADC
summit a dead rubber and a talk show.”
http://www.swradioafrica.com/
By
Violet Gonda
SW Radio Africa
13 June 2013
The credibility of the
Southern African Development Community (SADC) is
going to be tested over the
weekend as they decide to what extent they will
contest President Robert
Mugabe’s unilateral decision to hold elections on
the 31st of July, in
contradiction of the Global Political Agreement of
which SADC is a
guarantor.
MDC-T spokesman Douglas Mwonzora told SW Radio Africa his
party has filed an
urgent court application challenging the legality of what
the President has
done.
“We are not appealing against the
Constitutional Court decision per se. We
are saying the constitution has not
been followed and the Constitutional
Court must examine or review whether
the constitution has been followed by
the action of Mugabe,” Mwonzora
said.
The MDC formations in the inclusive government are set to present
the
regional leaders with a dossier of complaints, highlighting violations
of
previous agreements, at the extraordinary summit on Zimbabwe in Maputo on
Saturday.
Analysts say Mugabe’s clever use of the constitutional
court, combined with
his presidential powers, has allowed him to by-pass the
GPA process and any
objections that SADC might raise. But MDC President
Welshman Ncube said:
“The ball is now in SADC’s court, do they accept to be
deceived this way? Do
they accept the brazen contempt against them? If SADC
allows Mugabe to get
away with this, it would be a very, very sad indictment
on them.
“On our part, we will go to SADC on Saturday and place it on
record that we
feel cheated by the scoundrels in Zanu PF.”
Analyst
Piers Pigou from the International Crisis Group said Mugabe’s
actions have
profound political implications, with a range of different
interpretations.
He said it would appear to be part of the ongoing
“brinkmanship” that has
been seen, particularly from ZANU PF in the last few
months – a political
game to strengthen his hand at the SADC summit around
the disputed reform
agenda.
“I think it is going to be absolutely critical to see whether the
five
(opposition) political parties come together as they did last week and
issue
a joint statement in response to this.
“A joint statement from
the five political parties will, I think, make SADC
sit up and take note and
make for a more robust engagement at the SADC
summit in terms of what SADC
is going to be able to mediate,” Pigou said.
MDC99 leader Job Sikhala
blamed the crisis on all the political actors in
the inclusive government.
He said: “Those people who have been with ZANU PF
in the inclusive
government are stupid. They have betrayed the people of
Zimbabwe. We have
been expecting Welshman Ncube and Morgan Tsvangirai to
force ZANU PF to have
political reforms. They have been in this government
and have never done
anything. The three political parties are responsible
for the crisis. For
five years I never thought they would bring to the table
this nonsense.”
Reuters – 8 hours
ago
HARARE (Reuters) - Zimbabwe's President Robert Mugabe
fast-tracked changes
to electoral laws on Thursday, using a presidential
decree to by-pass
parliament in a bid to comply with a constitutional court
order to hold
elections by July 31.
The move is likely to enrage his
opponents in a unity government, especially
Prime Minister Morgan Tsvangirai
and his Movement for Democratic Change
(MDC) party which wants a delay to
allow for reform of the media and
security forces.
Mugabe has been
pushing for early elections, saying the unity government
formed in 2009
after violent and disputed vote the previous year has
outlived its
tenure.
"Given the deadline imposed by the Constitutional Court, it is
inexpedient
to await the passage through Parliament of an act dealing with
the
situation," Mugabe said in an official government notice.
The
amended electoral laws ensure that all political parties have access to
the
state broadcaster and that the results of elections will be posted
outside
polling centres.
http://www.telegraph.co.uk/
Robert Mugabe has sparked outrage
in Zimbabwe and warnings of a
constitutional crisis by invoking presidential
powers to bypass parliament
and declare elections to be held by the end of
July.
By Aislinn Laing, Peta Thornycroft in Johannesburg
1:26PM
BST 13 Jun 2013
It is the first time Mr Mugabe has issued a
presidential decree since the
formation of a coalition government with his
rival Prime Minister Morgan
Tsvangirai in 2009.
Mr Tsvangirai
responded by accusing Mr Mugabe of acting “unlawfully and
unconstitutionally”, and threatening to boycott the polls.
"As prime
minister I cannot and will not accept this,” he told a press
conference in
Harare. "Mugabe is deliberately precipitating a constitutional
crisis."
Some commentators say Mr Mugabe may be seeking to steal a
march on his
opposition rivals. Mr Tsvangirai's Movement for Democratic
Change has lost
some support since forming a coalition with Mr Mugabe's Zanu
PF, and a July
31 poll will give the MDC scant time to rally more
voters.
Others believe he intends to force a watering down of reforms
stipulated as
part of the coalition agreement made in 2008 after that year’s
violent
elections.
There are fears that if regional mediators do not
intervene to force a
political solution to the impasse at a summit in Maputo
this weekend,
Zimbabwe once again see electoral chaos after several years of
a tentative
peace.
In a letter on State House headed notepaper, dated
June 13 and obtained by
The Daily Telegraph, Mr Mugabe told Mr Tsvangirai he
was bound by a ruling
of the Constitutional Court that elections be held by
July 31 because of the
expiry of the coalition agreement.
"In my
capacity as President of Zimbabwe, I hereby inform you I have today
issued a
proclamation calling for the holding of harmonised elections, and
fixing
June 28th 2013 as the date for the nomination of aspiring candidates,
and
July 31st as the date for holding the polls,” he said.
Mr Mugabe added
that because of the Constitutional Court ruling – which has
been challenged
by opposition parties as the court was created by the new
constitution and,
they say, does not yet have legal weight – it was
“inexpedient” to wait for
reforms.
“Accordingly, I found it appropriate to invoke the Presidential
Powers Act
in order to comply with the order given by the Constitutional
Court,” he
wrote.
Speaking at a hastily-convened press conference in
Harare, Prime Minister
Tsvangirai said he would not accept a situation in
which Zimbabweans were
"railroaded" into "another illegitimate
election".
He said that under the coalition agreement, Mr Mugabe had no
right to make
unilateral decisions, and was not allowing enough time for a
30-day voter
registration process.
He also reiterated his call for
reforms agreed under the coalition deal
which stipulates that broadcast
media be accessible to all political
parties, and that the traditionally
pro-Zanu PF police and army subscribe to
a code of conduct.
"I appeal
to fellow Zimbabwean to remain calm but vigilant in the face of
this
provocation and illegality. History has taught us that evil never
triumphs
and the way of truth will always triumph," he said.
Welshman Ncube, the
leader of the MDC-M political party which makes up the
third member of the
coalition, said negotiations in cabinet this week had
suggested that Mr
Mugabe would comply with due process.
It followed the postponement of a
Southern African Development Community due
last weekend after Mr Mugabe said
he was too busy to attend. Zimbabwe has
previously asked South Africa, the
SADC-nominated lead negotiator on
Zimbabwe, for money to hold the
polls.
"Now we know the postponement of the summit by Mugabe was
deliberate so they
could go to the summit with a fait accompli," he told The
Daily Telegraph.
"What they have done is unlawful. What the Supreme Court
said about the
election date was unlawful. But there is no chance on going
back on this as
there is collusion between the court and the
politicians.
"I don't know if SADC will have the courage to stand up to
Mugabe and
withhold money for elections. I doubt it. We have been treated
with
contempt."
Lindiwe Zulu, President Jacob Zuma’s lead negotiator
on Zimbabwe, said they
were studying Mr Mugabe’s declaration.
“SADC
is concerned that there should be an election that is nowhere near
what
happened in 2008,” she told The Daily Telegraph. “At the end of the
day,
there are three parties in the coalition and SADC wants to see those
three
parties being in agreement rather than unilateral decisions.”
Piers
Pigou, the International Crisis Group’s Zimbabwe analyst, said Mr
Mugabe was
hiding behind the “fig leaf” of the court.
“We see this as part of the
brinkmanship that’s been ongoing throughout in
terms of resisting reforms
and pushing agendas,” he said.
“There is a real opportunity in Zimbabwe
to build confidence in the
integrity of electoral institutions and
processes, a real chance to do this
properly.
“Rushing into elections
will fundamentally undermine those opportunities.
The ICG doesn’t believe
that the conditions in Zimbabwe are appropriate for
a free and fair election
at this juncture, let alone a transparent, peaceful
and credible
election.”
Mr Mugabe's spokesman could not be reached for comment.
http://www.dailynews.co.zw/
By Chengetayi Zvauya, Parliamentary Editor
Thursday,
13 June 2013 18:15
HARARE - Some Zanu PF lawmakers joined their MDC
counterparts yesterday in
querying the feasibility of holding harmonised
elections by July 31 as
directed by the Constitutional Court last
month.
Eric Matinenga, minister of Constitutional and Parliamentary
Affairs was
bombarded with questions in the House of Assembly by legislators
from
President Robert Mugabe’s Zanu PF and Prime Minister Morgan
Tsvangirai’s
MDC, who wanted clarification on the practicability of the
Constitutional
Court ruling.
Jealousy Mawarire, a Zimbabwean citizen
and director of the Centre for
Elections and Democracy in Southern Africa,
on May 2 filed an urgent court
application in the Supreme Court seeking an
order directing the President to
proclaim elections to be held no later than
June 30.
Claiming that his rights under Section 18 of the then
Constitution to have
public officials obey the law had been breached by the
failure to proclaim
the elections, he cited Mugabe, Tsvangirai, Deputy Prime
Minister Arthur
Mutambara, Welshman Ncube and the attorney-general as
respondents.
Chief Justice Godfrey Chidyausiku, with the concurrence of
six other judges,
said the constitutional provisions were ambiguous and
should be read so as
to avoid a temporary Parliamentary vacuum, which would
be “an absurdity” –
so he agreed with Mawarire and the President on this
point.
But Chidyausiku then had to take account of the fact that his
decision meant
the electoral process was already “derailed” – because it was
already too
late to have an election by June 29 and at the same time comply
with the
timelines for elections laid down in the Electoral Act and the new
Constitution – factors the Chief Justice referred to as the “exigencies of
the situation”.
So, expressing his “desire to issue an order that
will help restore legality
to the electoral process as quickly as possible”,
the Chief Justice said he
was inclined to adopt Mawarire’s alternative date
but to “add six days to
compensate for the period between the hearing of
this appeal and the handing
down of this judgment”.
And that was the
basis for the Constitutional Court’s selection of July 31
July as the
election deadline and its order to the President “to proclaim as
soon as
possible a date(s) for the holding of presidential election, general
election and elections for members of governing bodies of local authorities
in terms of s 58(l) of the Constitution of Zimbabwe, which elections should
take place by no later than 31 July 2013”.
Webber Chinyadza, MDC MP
for Makoni West opened the flood of questions to
Matinenga, pushing for an
extension of the July 31 Constitutional Court
deadline to accommodate the
necessary reforms and processes.
“With the registration and inspection of
the voters’ roll taking place
considering that we have a 30 day
registration, I don’t know whether all
this will have input considering the
constitutional court ruling?” Chinyadza
asked.
He was immediately
backed by Colin Gwiyo, MDC MP for Zengeza West, who asked
Matinenga whether
the court’s deadline could be met given the legal niceties
that were
necessary before the election.
Zanu PF MPs Fred Kanzama and Bright
Matonga also sought to have Matinenga
explain the implementation of the
Constitutional Court ruling.
“Is the judgment final, can it not be
changed?” Kanzama asked.
Matinenga explained that the court had ruled
that elections should be held
by July 31, but said it was not feasible to
hold polls by July 31 given the
work that had to be done before the polls in
aligning laws to the new
Constitution.
“We can refer to judgement of
the Constitutional Court which is final and
obliges the President to
proclaim the election date by 31 July, any
government and anyone associated
with it is obliged to accept the ruling,”
Matinenga said.
“We don’t
want anyone to be in contempt of the ruling, which is impossible
to carry
out. There are other routes which can be followed, and the
executive can
approach the court seeking court indulgence for an extension
of the
date.
“First there is the intensive voter registration that has commenced
and it
ends on 9 July taking 30 days. If one factors in the Nomination
Court, you
can start to count the days and the nomination is 14 days and it
will close
on 24 July. There will be another 30 days for nomination and it
will take us
until 25 August which will be the polling
day.
“Unfortunately this date clashes with the UNWTO dates and the court
has to
be advised on these issues. One has to approach the court with
humility
seeking indulgence for an extension order.”
Matonga, the
Mhondoro-Ngezi Zanu PF MP asked: “You said that the court was
not given the
other information which was hidden when it delivered its
judgment, can this
be changed and what was that information?
Matinenga said an extension was
possible given that Mugabe had previously
approached the court seeking to
extend the dates and days of three Bulawayo
by-elections, an extension he
was granted as the MDC litigants wanted the
by-elections to be held 31
October last year.
He also briefed the House that Parliament expires on
June 29.
Although the majority judgment has been severely criticised by a
number of
distinguished constitutional lawyers, and in the two dissenting
judgments,
Veritas, a legal and parliamentary watchdog, says there is no
higher court
to overrule that decision, meaning there can be no appeal.
By Reagan Mashavave |
AFP – 2 hours 33 minutes ago
Zimbabwe was plunged into fresh
political crisis on Thursday as Prime
Minister Morgan Tsvangirai vowed to
fight a unilateral decision by President
Robert Mugabe to hold elections on
July 31.
Mugabe used temporary presidential powers to set the date for a
vote that
would put an end to their uneasy power-sharing
government.
"Today, early in the morning, I received a letter from
president Mugabe
(proclaiming)... July 31 as the election day," Tsvangirai
said.
"President Mugabe is acting unlawfully and unconstitutionally,"
said his
long-time political rival. "As prime minister I cannot and will not
accept
this."
Tsvangirai vowed to take the matter to court and urged
regional leaders to
step in and stop Mugabe.
While Mugabe's move
would comply with a constitutional court order to hold
elections by the end
of July, the date of the vote is fiercely contested.
Tsvangirai has vowed
to veto any election date that comes before democratic
reforms are put into
place, fearing Mugabe's ZANU-PF party may once again
attempt to manipulate
the vote.
In 2008 Tsvangirai led Mugabe in the first round of the
presidential ballot,
but withdrew from the run off amid violence that left
scores of supporters
dead and thousands injured.
Tsvangirai called on
regional leaders of the Southern African Development
Community (SADC) --
which pushed the pair into a unity government after the
violence of 2008 --
to act when they meet in Maputo on Saturday.
"SADC has the responsibility
of ensuring that they call the president to
order."
He described
Mugabe's move as "an unmitigated frontal and rear attack" on
the 15-member
regional grouping.
Under the power-sharing deal Mugabe must consult
Tsvangirai's Movement for
Democratic Change (MDC) about the date of the
presidential, parliamentary
and local elections.
"The interpretation
of the word 'consultation' is a bit of a challenge,"
said Trevor Maisiri of
the International Crisis Group.
"If you speak to ZANU-PF they'll say
consultation means the president can
ask the principals what they think.
With their suggestions he can make a
decision."
"The MDC say 'we'll
make the decision together'."
In his tersely worded letter to Tsvangirai,
Mugabe justified the use of
extraordinary powers to by-pass normal decision
making.
Given the constitutional court deadline he said "it became
inexpedient to
await the passage through parliament of the electoral
amendment bill".
Lovemore Madhuku, a law professor at the University of
Zimbabwe, said Mugabe
had to act in keeping with the ruling of the
court.
"The elections must be held," Madhuku said. "As you know the
tenure of the
government is about to expire."
While many reforms have
been carried out by the power sharing government,
including the passing of a
new constitution, Tsvangirai argues that
electoral, media and security laws
still need to be implemented to ensure a
free vote.
The reforms
include ensuring that the electoral roll is updated with
eligible voters as
well as ensuring that the media can report independently
without the fear of
being charged for defaming the government.
Some commentators argue that
the MDC has much to fear from an early vote.
After spending much of the
last four years focused on government rather than
party politics, polls show
its star has faded among many voters.
Justice Minister Patrick Chinamasa
late Wednesday told foreign diplomats
that Mugabe's failure to set a date,
"would set a very dangerous precedent".
Meanwhile he dismissed
Tsvangirai's calls for reforms saying ZANU-FP had
also called for the
lifting of western sanctions against Mugabe and his
inner circle but little
had been done.
"Sanctions have not been lifted. The pirate radio
stations, instead of
stopping they have intensified," said Chinamasa, a
senior member of Mugabe's
ZANU-PF party.
http://www.swradioafrica.com/
By
Nomalanga Moyo
SW Radio Africa
13 June 2013
Just four days into the
30-day voter registration process, there are serious
concerns that the
Registrar General’s Office is frustrating efforts by some
Zimbabweans to
vote in the forthcoming poll, now set for July 31st.
The campaign kicked
off on Monday amid promises by the Zimbabwe Electoral
Commission (ZEC) that
challenges encountered during the previous 20-day
process, such as the
registration of aliens and time limitations, had been
addressed.
However, it has since emerged that on Tuesday scores of
villagers from
Goromonzi sought help from Prime Minister Morgan Tsvangirai’s
office after
being barred from registering at the local mobile registration
centre.
The villagers had been told to go for vetting at army base KGV1,
the
privately-owned Daily News reported Wednesday.
“More than 50
people failed to register yesterday on the grounds that they
were aliens and
they were sent back home. Some of the elderly who didn’t
have IDs were told
to first get clearance from KGVI. People were sent to the
army in order to
verify if they do not have criminal records,” Ian Makone,
chief secretary in
the Prime Minister’s office, told the newspaper.
Godwin Phiri, leader of
Bulawayo-based youth lobby group intsha.com, and who
is himself of foreign
parentage, told SW Radio Africa that it was concerning
that people were
being turned away.
Phiri said while it could be that the RG’s office
genuinely wanted to weed
out criminals by asking those without any form of
identification to be
vetted at KGV1, there was a need to ensure that the
process did not hinder
people from registering.
“Already we are
talking about time constraints, what assurance is there that
the clearance
at KGV1 will be done in time for these people to get identity
particulars
and be able to register before the nomination court sits?”
Zimbabwe has a
significant ‘alien’ population, “and these figures add up if
you consider
who stands to lose as a result of the ‘alien’ vote, Phiri said.
“In
mining areas for example, there is a high ‘alien’ population and most of
these people employed are most likely to be members of a trade
union.
“So, pitted against a party whose roots are in trade unionism,
ZANU PF would
have considered its prospects in these areas and would work
hard to
complicate the process for people who are likely to vote against
them, Phiri
added.
“As part of the election rigging strategy this
works because as we all know
every vote counts and so in this case Mudede,
as ZANU PF’s
man-of-the-moment, will want to make sure he does his part
well,” Phiri
said.
Mudede has already cut the number of days his
teams will spend in each ward
to three days instead of the expected 30,
raising fears that many
Zimbabweans will be left out of the process. Some
wards have also reportedly
been combined.
Giving evidence to the Home
Affairs Parliamentary Committee on Monday,
Mudede told legislators that
there weren’t enough funds or human resources.
“Given limited financial
resources, I had to play around with what was
availed to me and decided to
station voter registration teams for only three
days in each ward before
relocating them elsewhere,” Mudede told the
Committee.
Mudede’s
unilateral move has raised alarm, with the MDC-T calling it “a
fraud meant
to assist the rigging machinery of a panic stricken ZANU PF.”
In a
statement issued Thursday, the party said it was concerned that Mudede
had
allocated more teams to ZANU PF-held constituencies and less in
others.
The MDC-T noted: “In the Hatfield Constituency held by the MDC,
Mudede has
not established a single (registration) centre while in Harare
South
Constituency which is held by ZANU PF, four centres have been
established.
Harare South Constituency is the only constituency presently
under the
control of ZANU PF in Harare and it is largely composed of
informal
community and resettlement areas.”
The MDC-T MP for
Silobela, Anadi Arnold Sululu, who was part of the
parliamentary committee
that quizzed Mudede, said that from Monday MPs will
be going round the
country assessing the n process before tabling a report
to
Cabinet.
“But we are very worried that a large number of people will be
disenfranchised by the RG’s move to reduce the teams’ presence per ward to
three days.
“Also the voters roll, which is the main document in any
election, is in
shambles as Makarau herself admitted. If the roll itself is
not even
credible, there is no hope for a credible election,” MP Sululu
said.
http://www.newzimbabwe.com/
13/06/2013 00:00:00
by Staff
Reporter
MDC leader Welshman Ncube has called on SADC to deal with
President Robert
Mugabe accusing the Zanu PF leader of effectively telling
regional
counterparts “to f**k off” with his “unilateral” proclamation of
election
dates.
Ncube said Mugabe had turned his back on an agreement
during Tuesday’s
Cabinet meeting that the electoral amendments would be put
before Parliament
next week.
He told NewZimbabwe.com: “We sat in
cabinet on Tuesday and agreed amendments
to the Electoral Act, we agreed to
take those amendments to parliament next
week, we agreed that voter
registration will run until July 9 and we also
agreed to hold a weekly
cross-party review of our election preparedness.
"Then out of the blue I
wake up to receive a letter from Mugabe literally
saying go to hell. At this
level, this kind of deceit is unacceptable.”
SADC helped Mugabe and his
rivals reach a deal to form the coalition
government after violent but
disputed polls in 2008 and, through South
Africa President Jacob Zuma, has
facilitated negotiations between the GPA
parties over a so-called roadmap to
new elections.
The regional grouping is due to meet this weekend in
Maputo, Mozambique at a
rescheduled extra-ordinary summit which will discuss
preparations for the
polls as well as their financing.
Mugabe
however, announced Thursday morning that the elections would be held
on July
31, using a presidential decree to fast-track the necessary
electoral
amendments.
The move angred rivals including Prime Minister Morgan
Tsvangirai who, just
on Wednesday this week, had claimed to hold the keys to
timing of the
elections.
Ncube said the SADC should call Mugabe and
his party to order.
He said: "It is very clear that this proclamation is
deliberately designed
literally to tell SADC to f*** off. The ball is now in
SADC's court, do they
accept to be deceived this way? Do they accept the
brazen contempt against
them?
The Maputo summit was supposed to have
been held last week but was called
off after Mugabe, who was away in Japan,
said he would not be able to
attend.
Ncube said it would be a “very
sad indictment” against SADC if the grouping
did not take action against
Mugabe.
"If SADC allows Mugabe to get away with this, it would be a very,
very sad
indictment on them," he said.
“On our part, we will go
to SADC on Saturday and place it on record that we
feel cheated by the
scoundrels in Zanu PF.”
http://www.swradioafrica.com/
By
Nomalanga Moyo
SW Radio Africa
13 June 2013
On Thursday the case in
which an exiled Zimbabwean is fighting for his right
to vote was postponed
indefinitely by the newly-formed Constitutional Court.
Tawengwa
Bukaibenyu filed an application at the Supreme Court (now the
Constitutional
Court) last year, challenging the barring of postal ballots
for exiled
Zimbabweans, which he said violated his right to choose his
country’s
government.
The decision by the Constitutional Court to delay hearing the
matter will
disappoint millions of exiled Zimbabweans, whose hopes were
pinned on the
case.
With President Robert Mugabe unilaterally
proclaiming the poll for July 31st
it is highly unlikely that the
Constitutional Court, which is swamped with
election-related cases, will
hear the matter in time for exiled Zimbabweans
to vote, even if Bukaibenyu
were to win the case.
Bukaibenyu’s argument is that denying him his right
to vote is unfair, as
economic hardships forced him to go to South Africa,
but he intends to
return to Zimbabwe, his “permanent home” once the
situation normalises and
he can obtain employment in the country.
He
wants electoral laws that prohibit the Diaspora vote declared
unconstitutional, saying: “I therefore have a vested interest to do my part
to ensure that the situation in Zimbabwe normalises as soon as possible, and
this includes participation in elections and civic duties in
Zimbabwe.”
ZANU PF has always insisted that Zimbabweans living abroad
will not be
allowed to vote as payback for sanctions imposed by western
governments on
the party’s corrupt leadership.
In February, after a
case brought by Gabriel Shumba, the African Commission
on Human and People’s
Rights ordered the government to make provisions
allowing Zimbabweans abroad
to use the postal voting system during the March
referendum, but the ruling
was ignored by the government.
http://www.newzimbabwe.com/
12/06/2013 00:00:00
by Staff
Reporter
MDC-T leader Morgan Tsvangirai has said he is open to
forming an election
coalition with the rival MDC group led by Welshman Ncube
in order to topple
President Robert Mugabe at the next
elections.
Addressing leaders of civil society organisations in Harare
Wednesday,
Tsvangirai said political parties needed to form an alliance in
the
“national interest”.
“Let’s unite to make sure that we achieve
what we set (out to do) in 1999,”
Tsvangirai said.
“If it means
Tsvangirai and Welshman are the impediments to that alliance or
that
coalition then Tsvangirai and Welshman Ncube should not be leaders of
political parties.”
Following its formation in 1999, the MDC
presented the biggest challenge to
Mugabe’s uninterrupted rule since
Independence before splintering
acrimoniously in 2005 due to differences
over policy and strategy.
Analysts say the failure to form a united front
in successive elections has
divided the anti-Mugabe vote, helping the
veteran leader stay in power.
MDC-T secretary general Tendai Biti
revealed last December that efforts to
reunify the two MDCs collapsed before
the disputed 2008 elections which led
to the formation of the coalition
government.
“For me personally, I did my best to see the reunification of
the two MDCs
and I was really shattered when our talks broke down on
February 2, 2008,”
Biti told New Zimbabwe.com.
“I think it was a
disaster, and to prove that those of us who were preaching
unity were
vindicated, the presidential run-off election was caused by the 9
percent
that we theoretically lost to Simba Makoni.”
New elections are due this
year to replace the uneasy coalition and, as he
readies for another bid at
power after more than ten years of trying,
Tsvangirai suggested he was ready
to work with his erstwhile colleagues.
“Strategically it is important to
unite people than to divide them and that
has been always our approach
because we believe it was necessary to discuss
this issue,” the MDC-T leader
said.
“We will always unite on issues and I am sure that Professor
Welshman Ncube
will equally be motivated by the national interest and I am
motivated by the
national interest.”
But Tsvangirai's push to forge
an alliance with Ncube is said to be opposed
by the MDC-T's Matabeleland
party, with his deputy Thokozani Khupe and party
chairman Lovemore Moyo said
to have threatened to quit - insiders say as
they fear losing their
posts.
And in April, Ncube said reunification was “impossible”, insisting
Tsvangirai was “unprincipled” and that differences which led to the 2005
split remain unresolved.
“The problems which led to the split remain
alive today. They remain
unresolved,” said the Industry and Commerce
Minister.
“In fact the cracks are wider today than they were in 2005. The
only thing
we literally share in common is that we agree that Zanu PF and
Mugabe have
been bad for the country.”
Still the two groups, along
with three other opposition parties, got
together to agree a strategy
following the Constitutional Court ruling which
ordered Mugabe to hold
elections by July 31 this year.
Mugabe’s spokesman, George Charamba,
confirmed that the five parties wrote
to the President emphasising the need
for reforms before new elections can
be held - effectively asking him to
ignore the court ruling.
“I am aware that there has been a document
posted to the President although
I cannot confirm that he had received that
yet,” Charamba said on Thursday.
“Whatever the content of that document
is, it must be remembered that the
President is not about to be encouraged
to be in breach of the laws of the
country.
“It must be remembered
that the country has upwards of 29 political parties
and a mere five cannot
claim to be representing the people of Zimbabwe.
“Elections are not for
political parties, they are for the people of
Zimbabwe who may or may not
act as organised political parties.”
Mavambo Kusile leader, Simba Makoni,
has also hinted at the possibility of a
grand election coalition.
“We and
the organisations that we lead are committed to working together
both among
ourselves and other likeminded in order to improve the conditions
of life of
Zimbabweans,” Makoni said, following a meeting of the five
parties in Harare
last week.
“We have cooperated on this one matter today because we have
judged it
important that we should work together .When such other matters
present
themselves we will not hesitate to work together again.”
http://www.dailynews.co.zw/
Thursday, 13 June 2013 17:00
HARARE - National airline
Air Zimbabwe (Airzim) has reduced fares for local
and regional flights by as
much as 60 percent.
Shingai Taruvinga, Airzim spokesperson said under the
promotion, which is
running until July 31, 2013, will see a return ticket
for Harare-Bulawayo
reduced from $300 to $105 while a return ticket for
Harare Victoria Falls is
down from $421 to $180.
“A return ticket for
the Harare-Johannesburg route now costs $275 from $390
and we have also
introduced to our network the Bulawayo-Johannesburg route
with the return
ticket costing $275,” she said.
Taruvinga noted that since the
introduction of Airzim’s domestic routes, air
fares for the route have
tumbled drastically.
Taruvinga said one way ticket for Harare-Bulawayo,
Harare-Victoria Falls and
Harare-Johannesburg were slashed down to $61, $140
and $150 respectively.
“By lowering our fares, we are trying to demystify
flying, to make it
accessible to every person in the country. Travelling in
an aeroplane should
not be viewed as only for the elite,” said
Taruvinga.
The coming down of air fares comes after Airzim recently
acquired two new
aircraft to service its domestic and regional
routes.
Airzim also recently indicated that it had opened talks with an
unidentified
party for delivery of an Airbus 380 (A380) which is expected to
restart its
Harare-London route that it abandoned after creditors threatened
to attach
its planes due to overdue debts. - John Kachembere
http://www.voazimbabwe.com/
Gibbs Dube
13.06.2013
WASHINGTON DC — The managing
director of the International Monetary Fund,
Christine Lagarde, has approved
a Staff-Monitored Program (SMP) for
Zimbabwe, covering the period April to
December, 2013.
In a statement released Thursday, the IMF said this is
Zimbabwe’s first
agreement with the organization in more than a decade
following the failure
by Zimbabwe to service IMF loans between 2003 and
2008.
Zimbabwe remains unable to access IMF resources because of its
continued
arrears to the organization.
The IMF said а strong track
record of maintaining macro-economic stability
and implementing reforms,
together with a comprehensive arrears clearance
strategy supported by
development partners, will be essential for resolving
Zimbabwe’s large debt
overhang.
An SMP is an informal agreement between country authorities and
IMF staff to
monitor the implementation of the countries’ economic
programmes.
SMPs do not entail financial assistance or endorsement by the
IMF executive
board. The IMF said a successful implementation of the SMP
would be an
important stepping stone toward helping Zimbabwe re-engage with
the
international community.
Zimbabwe’s external debt is estimated to be
over $11 billion.
The IMF said: “In particular, fiscal consolidation
efforts aim to move the
primary budget balance from a deficit in 2012 to a
small surplus in 2013,
helping start what should be a gradual rebuilding of
fiscal buffers and
international reserves. A decline in commodity export
prices, financial
sector stress, and uncertainties related to the election
year, however, pose
some of the risks to the program.”
It further
said Zimbabwe has made considerable progress in stabilizing the
economy
since the end of hyperinflation in 2009. “Since then, (Gross
Domestic
Product) GDP has grown by an average of over 7 percent and
inflation has
remained in the low single digits, thanks largely to the
multi-currency
system. Government revenues have more than doubled from 16
percent of GDP in
2009 to an estimated 36 percent of GDP in 2012, allowing
the restoration of
basic public services.”
The IMF noted that the economic recovery,
however, has been accompanied by
“very large current account deficits in
recent years, while international
reserves remain very low, at around one
week of imports.”
“In 2011 and 2012, sizeable public sector salary
increases crowded out
spending in key areas. Those increases, combined with
significantly
lower-than-expected diamond revenue in 2012, resulted in
fiscal stress,
including the accumulation of domestic payments arrears,
which necessitated
significant adjustment in the second half of 2012. In
addition, rapid credit
growth combined with slow implementation of financial
sector reforms, has
exacerbated financial sector
vulnerabilities.”
The IMF said the strong rebound seen after the end of
hyperinflation seems
to have run its course. It said GDP growth has
moderated from over 10
percent in 2011 to an estimated 4.5 percent in 2012,
with marginally better
growth projected for 2013, as mining output
expands.
“Going forward, sustaining high growth will require determined
efforts at
economic reform. In this regard, the SMP already envisages
important reforms
in public financial management, financial sector
regulation, and other
areas.”
It said Zimbabwe’s external debt is
high and largely in arrears, cutting off
the country from access to most
external financing sources.
According to the IMF, its staff will remain
engaged with the authorities to
monitor progress in the implementation of
their economic program, and will
continue providing targeted technical
assistance in order to support
Zimbabwe’s capacity-building efforts and its
adjustment and reform program.
http://mg.co.za/
13 JUN 2013 16:57 GODFREY
MARAWANYIKA
Tens of millions of dollars of revenue that a diamond-
mining company says
its paid to the government never found its way to the
Treasury.
While Zimbabwe's 2013 National Budget shows that Treasury
received
$41-million from diamond mining in 2012, matching the amount
received the
year earlier, one company, Mbada Diamonds, says it has paid has
$293-million
to the government since it started mining in 2009, the
Portfolio Committee
on Mines and Energy said in report that it compiled over
four years.
Three other companies operating on the Marange field, which
the committee
said could supply a quarter of world demand, refused to
disclose the
payments they made to the government, the committee
said.
“There are very serious discrepancies between what government
receives from
the sector and what the diamond mining companies claim to have
remitted to
Treasury,” the committee said.
Chris Gavrilides, the
managing director of Johannesburg- based New
Reclamation, which has a stake
in Mbada, referred queries to Jeremy Joffe,
the chief executive officer.
Joffe was not in his office today and didn’t
immediately reply to an
e-mailed request for comment.
Prince Mupazviriho, permanent secretary at
Zimmbabwe’s Ministry of Mines and
Mining Development, said he hadn’t seen
the report. – Bloomberg
http://www.bernama.com/
HARARE, June 13
(BERNAMA-NNN- NEW ZIANA) -- At least 2,094 people were
killed while 14,965
were injured in 30,911 road accidents recorded in
Zimbabwe last year, the
Traffic Safety Council of Zimbabwe (TSCZ) says.
TSCZ board member
Rosemary Mpofu told participants of a workshop on the role
of the media in
road safety here on Tuesday that using the road had become a
major hazard
because of the carnage.
"In low-income countries like Zimbabwe,
motorization has been accompanied by
rapid growth in road traffic accidents,
which have become a leading cause of
death and disability," she
said.
According to a 2011 World Health Organization (WHO) report, more
than 50
million people are injured in road crashes on the world's roads
annually.
Mpofu said media coverage could cause kombi drivers, touts,
passengers and
pedestrians to adopt a culture of road safety.
"Press
coverage of crashes has the potential to shape perceptions of readers
towards personal risk and their beliefs about the nature and preventability
of crashes through the choice of stories to cover, choice of detail and the
context in which information is conveyed," she said.
Mpofu said the
public should police itself since there could never be enough
traffic
officers on the roads.
"The media is vital for informing the public on
how to police themselves on
our roads and thus help save millions of lives
daily," she said.
Most road traffic accidents that occur in Zimbabwe have
been attributed to
negligent driving, speeding and use of vehicles not fit
to be driven.
-- BERNAMA-NNN-NEW ZIANA
http://www.newzimbabwe.com/
12/06/2013 00:00:00
by Staff
Reporter
A HIGH Court Judge reserved his ruling Wednesday on the
application for
acquittal by the 29 MDC-T activists accused of killing a
police inspector in
2011.
Defence attorney Beatrice Mtetwa applied
for discharge at the close of the
prosecution’s case saying there was no
evidence linking her clients to the
case adding police investigations had
also been shoddy.
The Activists, who include MDC-T national youth leader
Solomon Madzore, were
arrested in May 2011 following the death of Inspector
Petros Mutedza after
skirmishes at Glen View 3 Shopping Centre in
Harare.
Mtetwa said there was no need for the suspects to be put to their
defence
adding police had politicised the case instead of investing their
efforts in
trying to find the real culprits.
“The obsession was with
the members of a political party and the team of
investigating police
officers involved with combined experience of over 100
years could not carry
out basic investigations,” Mtetwa said.
However, law officer Edmore
Nyazamba opposed the application arguing that
the State had established a
connection between the 29 suspects and the
Mutedza’s murder.
He said
the evidence showed that the 29 suspects were part of the MDC-T
supporters
who were gathered in Glen View for the party’s T-Shirt Visibility
Day
function.
The group, Nyazamba added, later attacked a police detail
dispatched to the
area and killed Mutedza.
Justice Chinembiri Bhunu
reserved ruling to a later date.
http://www.herald.co.zw/
Thursday, 13 June 2013
13:35
The Herald Online servers were being flooded with traffic which
kept them
going online and offline.
Herald Reporter
Hackers
calling themselves Anonymous Africa have this morning threatened to
bring
down the Ministry of Defence’s website.
This threat comes after The
Herald Online, yesterday, suffered a distributed
denial of service (DDoS)
attack allegedly carried out by the same group.
A DDoS attack is a form
of hacker attack against a website designed to
consume all of a website’s
resources to the point a website becomes
unavailable to ordinary visitors
trying to access it.
The Herald Online servers were being flooded with
traffic which kept them
going online and offline. The interruption, however,
lasted for a few
minutes.
Africa Anonymous, earlier Wednesday,
claimed responsibility for the attack
on IOL South Africa. The organisation
was accused of publishing stories in
support of President Mugabe.
The
group is using Twitter to send out threats to the perceived “enemies of
human rights”.
“In 5 minutes http://www.zimra.co.zw/ will be live again.
We have decided
to go after a bigger target after this, watch this
space.
“In 43 minutes time we will be taking down the Zimbabwe Ministry
of Defense
http://www.mod.gov.zw Expect
us #anonymous #africa #zimbabwe” read some of
their tweets.
The
attack on the Herald online website came a few hours after the
Independent
Newspapers of South Africa website also came under attack from
an
organisation that claimed it did it because of the media group’s alleged
support of President Mugabe. The attack led to Independent Newspaper’s
internet and e-mail systems going down at 11am. According to IOL editor
Alastair Otter, the system crashed because of a denial of service (DoS)
attack, an attack in which servers are flooded by a huge volume of
traffic.
http://www.herald.co.zw/
Thursday, 13 June 2013
00:39
Beitbridge Bureau
Chaos is still reigning at the South
African side of the border where
travellers are spending long hours waiting
to be cleared into or out of that
country. The situation has been unfolding
over the last four weeks, with
reports that some travellers were now opting
to use other ports of entry
into that country to avoid delays and
congestion. In some cases
travellers were aborting their journeys to that
country.
Investigations by this paper reveal that people are spending
between three
and six hours for them to enter or leave South
Africa.
Zimbabwe’s assistant regional immigration officer in charge of
southern
region (Beitbridge), Mr Charles Gwede said yesterday that they had
engaged
their counterparts over the delays and congestion and they had
promised to
beef up staff.
“We have been continually engaging our
colleagues and are hopeful that the
situation will improve soon. They
indicated to us that they are thin in
terms of manpower and that they will
get more hands with effect from June
14.
“We are much seized with the
matter and we will continue to review progress.
Basically we have agreed to
speed up the flow of traffic on both sides of
the border,” said Mr
Gwede.
The travellers are blaming the South African immigration
department for
taking a casual approach in light of an increase in
traffic.
It has also emerged that some of the travellers were being
denied entry into
that country ostensibly for not having sufficient funds to
sustain their
visits.
Others were being sent back for complaining about
the state of affairs at
the border post.
Ironically the travellers
are being cleared on the Zimbabwean side of the
border where travellers are
spending less than 30 minutes at the border
post. This includes those
leaving and entering the country.
There are 10 computer units on the
Zimbabwean side of the border which are
used for processing both arrivals
and departures while South Africa has 46
for the same purpose.
Long
static winding queues have become a common feature on both sides of the
South African border (arrivals and departure).
Beitbridge Border post
is one of the busiest inland ports in Sub-Saharan
Africa where an average of
10 000 access it daily.
The number rises to 25 000 during peak times and the
festive season.
It is understood that things got worse in the
neighbouring country when
several immigration officers were sent for a
12-month in-house training soon
after the Easter holidays resulting in the
remaining officers failing to
cope with the workload.
The officers
are undergoing the training programme in batches.
South Africa’s
spokesman for the Border Operations Coordinating Committee Mr
Calvin
Mulaudzi could not be reached for comment yesterday.
http://allafrica.com/
BY D. BRUCE WHARTON,
12 JUNE 2013
GUEST COLUMN
Harare — U.S. policy toward
Zimbabwe is guided by fundamental principles of
rule of law, good
governance, and human rights protection. Our interests
are first and
foremost peace, stability, and growth for the betterment of
the people of
Zimbabwe and the region.
Our policy is also prepared to respond to the
evolving situation on the
ground in the land-locked African nation. After a
difficult decade marred
by human rights violations, economic mismanagement,
and political violence,
we stand strongly and firmly by the leadership of
the Southern African
Development Community (SADC) in pushing for improved
democratic processes
and the rule of law.
Zimbabwe is in a more
hopeful and optimistic position than five years ago.
2008 was a terrible
year filled with uncertainly, fear, and economic
devastation. Zimbabwe’s
neighbors in SADC stepped in to help get the
country back on track. The
United States strongly supported this process.
With SADC intervention,
the three main competing political parties formed a
government of national
unity and managed to work well enough together to
stabilize the economy and
put the country back on a path toward normalcy.
Although it has faced
numerous problems and has not achieved all of the
goals set out for it, the
government of national unity has been useful in
allowing the parties to work
together and in giving members of the
opposition parties experience in
governing.
Since taking up the position of Ambassador in Zimbabwe last
November, I have
consistently spoken out against politically-motivated
violence, on both a
large and small scale, by any group. I will continue to
do this and to put
non-violent, democratic principles and processes at the
top of our foreign
policy agenda in Zimbabwe.
The 2013 elections are
critically important. They will be an opportunity
for Zimbabwe to show how
much progress has been made in the past five years.
It is important that the
elections be credible, transparent and peaceful,
especially keeping in mind
that the election process is more than one day.
The preparations,
campaigns, and ability of the government-elect to assume
power are all
critical. The strength of the next government will be
determined by how
much confidence the people of Zimbabwe have in these
elections.
A
broad range of domestic and international observers, welcomed not just in
the few days before and during the elections, but for a sufficient period of
time to assess the overall conditions for elections, will be essential if
the elections are to be deemed truly free and fair.
I remain
concerned about serious political problems on the ground, such as
intimidation of voters and civil society, and access to broadcast media for
all political parties and have spoken publicly about all of these things.
However, we hope that with the right action from the President, security
sector leaders, and other political figures, credible and peaceful elections
are possible this year.
President Mugabe has repeatedly called for
peace and his words are
important. The actions of his followers and the
security forces should be
consistent with his words. It is significant that
ten years ago the
President’s message was very different, and, therefore, I
believe that
highlighting his constant calls for peaceful elections is
something that all
supporters of Zimbabwe should do.
But again, words
without action are meaningless, and I intend to use all of
my power as
President Obama’s chief representative in Zimbabwe to engage all
actors in
support of peaceful, credible elections and an improved bilateral
U.S.-Zimbabwean relationship.
D. Bruce Wharton is U.S. Ambassador to
Zimbabwe
http://www.amnesty.org.uk/
Posted: 13 June
2013
Zimbabwe’s government must ensure there is no repeat of the violence
that
marred the presidential elections in 2008, Amnesty International warned
today as the country’s leaders publicly disputed the date the 2013 vote
should be held.
During the 2008 elections more than 200 people were
killed and thousands
injured and displaced. Many of those targeted were
human rights defenders
and civil society activists who play a crucial role
in exposing abuses and
supporting victims of human rights violations. So
many people were beaten
that hospitals ran out of crutches.
Amnesty
International’s Africa director Netsanet Belay said:
“Whatever date is
decided for the election, the government’s absolute
priority must be making
sure the violence that erupted during the 2008 vote
is not
repeated.
“All the rights enshrined in Zimbabwe’s new constitution must
be respected
by the security forces. This is especially important in view of
the role
they played in organising violence against perceived political
opponents of
the then government in 2008.
“The rights to freedom of
assembly for all must be respected. Police must
not arbitrarily apply
provisions of the Public Order and Security Act to
stop meetings of civil
society groups and other political parties as has
happened
previously.”
However, in recent months there has been a crackdown on
civil society in
Zimbabwe with the arrest of activists, including prominent
human rights
lawyer Beatrice Mtetwa, and the raiding of NGO offices.
Shortwave radios
have been banned in an apparent attempt at curbing access
to news sources
other than official state outlets. Amnesty is concerned this
clampdown could
intensify as the election date approaches.
In 2008,
it was the intervention of Zimbabwe’s neighbours in the Southern
African
Development Community that stemmed the bloodshed. This time, Amnesty
wants
them to use their influence to prevent the violence from happening in
the
first place, including by deploying human rights monitors to oversee the
period before, during and after the elections.
The SADC will meet on
Saturday in Maputo, Mozambique to review the electoral
process in Zimbabwe.
http://www.theindependent.co.zw/
June 13, 2013 in
News
June 13, 1200hrs, Harare, Zimbabwe
Today, early in the
morning, I received a letter from President Mugabe dated
13 June 2013, in
which he advised that in purported compliance with the
Constitutional Court
judgment, he was proclaiming the 28th of June 2013 as
the sitting of the
nomination court and the 31ST July as the Election Day.
As the Rt Hon.
Prime Minister of this country and a key member of the
coalition government,
mere courtesy would have required prior discussions on
this matter. However,
this is a matter governed by the law.
In terms of the GPA we signed on 15
September 2008, which has been codified
as the 8th schedule of the current
Constitution of Zimbabwe, the President
can only act in consultation with
the Prime Minister in respect to any
executive decisions including the
announcement of the date of the election.
Thus, President Mugabe’s
actions are a unilateral and flagrant breach of our
Constitution and the
GPA.
I, as PM, cannot and will not accept this.
Moreover, part 3
of the 6th schedule of our Constitution makes it clear that
there shall be
an intense 30-day voter registration exercise. Only on
Tuesday in Cabinet all
political parties agreed that this process had
commenced on 10 June 2013 and
would be completed on 9 July 2013.
The net effect of the proclamation is
therefore to infringe on the
Constitutional provisions obliging the 30-day
intense voter registration
exercise.
It will also mean that President
Mugabe is disenfranchising many people who
were registering to vote, for
instance aliens and first time voters.
President Mugabe is also denying
political parties and Zimbabweans the
opportunity to inspect the voters
roll.
In any event, section 26 A of our Electoral Act Cap 2:13 makes it
clear that
voter registration for everyone closes 24 hrs before the sitting
of the
Nomination Court. This means that voter registration will now close
on the
27th of June 2013 instead of the 9th of July 2013. A clear, flagrant
and
fraudulent breach of our Constitution.
The new Constitution also
makes it clear in section 8 of the sixth schedule
that the forthcoming
election must be conducted in “terms of the electoral
law in conformity with
this Constitution.”
That new Electoral law according to section 157 ought
to provide among other
things for new issues such as proportional
representation for the election
of Senators and the new two disabled
Senators and members of the newly
introduced provincial councils.
As
has been widely reported Cabinet only agreed to the proposed electoral
law
on Tuesday.
President Mugabe in calling for an election when the
Electoral law has not
been passed in Parliament is clearly acting
unconstitutionally.
He is fully aware of this, hence the claim in his
letter that he is using
powers under the Presidential Powers (Temporary
Measures) Act. Ladies and
gentlemen, the Presidential Powers act, which in
the past allowed the
President to make laws on his own without Parliament is
patently not in
compliance with the new Constitution.
For the
avoidance of doubt, section 134 A of the new Constitution makes it
clear
that only Parliament has the power to make primary legislation and
that its
powers of making law cannot be delegated to anyone, including the
President.
In any event, what is the material urgency when Parliament
is still sitting
until 29th of June 2013?
Once it is accepted, as
Cabinet accepted on Tuesday, that the intensive
voter registration made
obligatory by our Constitution began on 10 June to
finish on 9 July, then
the earliest date that the proclamation would have
been on the 10th of July
2013.
Our law makes it clear that the nomination court can only sit
between 14 and
21 days of the proclamation. This means that the earliest
date that the
nomination court would sit would have been the 24th of July
2013.
Our Constitution as well provides for a minimum 30-day period of
campaigning
to a maximum of 42 days before the election date. This means
that after the
nomination court sitting of the 24th July 2013, the earliest
that the
election could be held is the 25th August 2013.
The point
being made is that President Mugabe has acted unlawfully and
unconstitutionally and is deliberately creating and precipitating an
unnecessary Constitutional crisis. The Constitution makes the President the
chief upholder and defender of the Constitution. It is therefore regrettable
that the chief defender and upholder has become the chief attacker and
abuser of the Constitution.
Surely, the defender-in-chief cannot
become the attacker-in-chief!
Elections in Zimbabwe have never been about the
date but the process and
conditions under which it is held. The people of
Zimbabwe have always
insisted on the date of elections being determined by
the processes that
have to be carried out to ensure a legitimate, credible
and sustainable
election.
This call has also been reiterated in
numerous resolutions of SADC since the
Dar es Salaam summit 29 March 2007.
Only as recent as 1 June 2012, SADC at
its summit in Luanda, resolved that
Zimbabwe was obliged to attend to
reforms for a year to the 30th of June
2013. Once those reforms were
complete, the President and the Prime Minister
would agree on a date for
elections.
You will also be aware that the
three political parties signatory to the GPA
have been involved in intense
processes and negotiation under the
facilitation of President Zuma. In these
discussions, many issues have been
agreed to although not
implemented.
Agreement was reached on a ROADMAP and on 24 post-Maputo
issues. All
documents and agreements were handed over to President Zuma in
June 2010.
Ladies and gentlemen, there are fundamental reforms to be
carried out, which
are currently the subject of negotiations between the
parties now.
These include:
-Media reforms
-Security sector
realignment
-Alignment of our laws to the new
Constitution
-Electoral reform including the issue of the voters
roll
On the voters roll alone, as late as Thursday 6th June 2013, the
party
negotiators agreed and restated that the voters roll process would be
as
follows:
(1) A 30-day period of voter registration (10 June-9July)
followed by:
(2) The voters roll preparation period ( to be defined by
ZEC) followed by:
(3) The voters roll inspection period (to be defined by
ZEC) followed by:
(4) The final voters roll preparation (period to be
defined by ZEC) followed
by
(5) The signing off of an agreed voters
roll by the political parties.
Clearly therefore, the unilateral proclamation
made today is a deliberate
attempt to stall the reform agenda in Zimbabwe.
Without reforms, Zimbabwe is
yet again heading to another contested,
predatory and illegitimate election.
In short, another June 27.
As
Morgan Tsvangirai, the Prime Minister of Zimbabwe and the President of
the
MDC, I will not accept a situation where Zimbabweans will yet again be
railroaded and frog-marched to another illegitimate and violent
election.
The people of Zimbabwe are suffering. Businesses are shutting
down, workers
are under attack and the economy has frozen. A fraudulent and
illegitimate
election will deepen the crisis and will not reverse this
malaise.
Ladies and gentlemen, all of you are aware that SADC and the AU
are the
guarantors and curators of the Zimbabwean crisis. For six years they
have
selflessly and with great dedication and commitment, they have
chaperoned
and shepherded the Zimbabwean crisis.
The GPA and the
modicum of stability WE HAVE ENJOYED for the past five years
are due to the
tireless efforts of our African brothers and sisters,
including President
Zuma and his facilitation team.
The net effect of President Mugabe’s
unilateral and illegal proclamation is
an unmitigated frontal and rear
attack on SADC, the AU and President Zuma
and his team.
President
Mugabe and his team cannot hide behind the concept of sovereignty
that they
long ago surrendered and mortgaged through the misgovernance and
State
failure that led SADC to engage in our affairs as way back as 2007.
They
can also not hide behind a Constitutional Court judgement which all
Zimbabweans agree is clearly practically and legally
unenforceable.
It is also disturbing to note that it was President Mugabe
himself who
caused SADC to postpone the summit that was supposed to be held
on Sunday
the 9th of June 2013.
It is now clear that President Mugabe
called for the postponement in order
to go to SADC with a done deal of an
election date.
Thus clearly, President Mugabe has sought to render the
forthcoming SADC
summit a dead rubber and a talk show. This is clearly
dishonest and
disrespectful of the esteemed leaders of SADC, the AU,
President
Zuma and our brothers and sisters on the African
continent.
I have clearly reflected on the matter and this morning, to
defend the
Constitution, I instructed my attorneys to file an urgent court
application.
In addition, I will be leaving tomorrow for SADC and will
fully brief the
regional leaders on the crisis in Zimbabwe.
Finally,
I appeal to fellow Zimbabwean to remain calm but vigilant in the
face of
this provocation and illegality. History has taught us that evil
never
triumphs and the way of truth will always triumph.
As Morgan Tsvangirai,
I call upon Zimbabweans to walk with me and stand by
me in this patriotic
fight to defend the truth and the Constitution.
After all is said and
done, I am certain that one day and very soon,
Zimbabweans will have a
government of their choice where they are free to
pursue happiness and their
dreams and aspirations.
I thank you.
COURT WATCH 7/2013
[11th June
2013]
First Judgment of
Constitutional Court
The
Election Date Case
Background: On
2nd May Jealousy Mawarire, Zimbabwean citizen, registered voter, and director of the Centre for
Elections and Democracy in Southern Africa, filed an urgent court application in
the Supreme Court seeking an order directing the President to proclaim elections
to be held no later than 30th June. Claiming that his rights under section 18 of
the then Constitution to the protection of the law, and to have public officials
obey the law, had been breached by the failure to proclaim the elections, he
cited the President, the Prime Minister, Deputy Prime Minister Mutambara, MDC
leader Welshman Ncube and the Attorney-General as respondents.
The Registrar advised Mr Mawarire that if he wanted his case to be heard
urgently, he should file a separate urgent chamber application seeking leave for
the urgent hearing of his court application.
He did this successfully, and the court application was set down for
hearing on 24th May.
By the
time the case came before the court, the new Constitution had been gazetted, on
22nd May, with certain provisions, including rights corresponding to those in
the old Constitution cited in the case.
As the passing of time meant it was already impossible to hold elections
by 30th June, Mr Mawarire submitted an amended request that if the election
could not be before 30th June, it should be by 25th July.
Case
Transferred from Supreme Court to New Constitution
Court
The gazetting of the new
Constitution meant the case would be heard by the new Constitutional Court, with
the bench made up of Supreme Court judges doubling as judges of the
Constitutional Court. [Note: The Sixth Schedule to the new
Constitution, providing for a two-stage transition from the old to the new
Constitution, says that constitutional cases pending before the Supreme Court
must now be heard by the new nine-member Constitutional Court established by the
new Constitution. The Schedule also
provides that for the new Constitution’s first seven years the judges of the
Supreme Court will double as the judges of the Constitutional Court. Hours before the new Constitution came into
force, two new Supreme Court judges and two acting Supreme Court judges were
appointed to enable nine judges to sit on the new court’s first cases over the
next two days. ]
The court
hearing On 24th May nine judges of the Constitutional
Court heard legal argument from the lawyers representing Mr Mawarire, the
President, the Prime Minister and Professor Ncube. DPM Mutambara and the Attorney-General chose not to be represented.
All parties were agreed
that Parliament would be automatically dissolved on 29th June, at the end of its five-year life-span. The disagreement was over
when the elections for its successor could legally be held. Mr Mawarire’s lawyer argued that that the
wording of the relevant provisions of the old Constitution,[sections 58(1) and
63(4), created an ambiguity which should be resolved in favour of a reading that
the elections must be on or before 29th June, to avoid a situation in which
there would be no Parliament in existence.
The President’s lawyer agreed with Mr Mawarire. The lawyers for both the Prime Minister and
Professor Ncube argued that there was no
ambiguity, that the grammatical meaning of the constitutional provisions was
clear and that the elections could lawfully be held after 29th June as long as
they were held within the following 4 months, i.e. by 29th October. They based
their argument on section 58(1) of the old Constitution: ”A
general election...shall be
held on such day or days within a period not exceeding four months after...the
dissolution of Parliament...as the
President may, by proclamation in the Gazette, fix.” [Note:
this
provision has been the same since
Independence. Section 158 of the
new Constitution, stating that elections must be held before Parliament is
automatically dissolved at the end of its five year lifespan, is not in force;
paragraph 3(1)(e) of the new Constitution’s Sixth Schedule expressly excludes it
– “except section 158” – from the list of provisions that came into
operation on 22nd May.]
At the end of the hearing the court
reserved judgment.
Judgment of 31st May
[available from veritas@mango.zw]
The court’s judgment was
delivered in record time, on 31st May.
The
majority judgment [7 judges]:
The Chief Justice, with the
concurrence of six other judges, said the constitutional provisions were
ambiguous and should be read so as to avoid a temporary Parliamentary vacuum,
which would be “an absurdity” – so he
agreed with Mr Mawarire and the President on this point. But he then had to take account of the fact
that his decision meant the electoral process was already “derailed” – because it was already too
late to have an election by 29th June and at the same time comply with the
timelines for elections laid down in the Electoral Act and the new Constitution
– factors the Chief Justice referred to as the “exigencies of the
situation”. So, expressing his “desire to issue an order that will help
restore legality to the electoral process as quickly as possible”, the Chief
Justice said he was inclined to adopt Mr Mawarire’s alternative date but to “add six days to compensate for the period
between the hearing of this appeal and the handing down of this
judgment”. And that was the basis
for the Constitutional Court’s selection of 31st July as the election deadline
and its order to the President: “to proclaim as soon as possible a date(s)
for the holding of Presidential election, general election and elections for
members of governing bodies of local
authorities in terms of s 58(l) of the Constitution of Zimbabwe, which elections
should take place by no later than 31 July 2013”. The judges who concurred with the Chief
Justice were Supreme Court judges Ziyambi, Garwe, Gowora and Hlatshwayo,
and acting Supreme Court judges Chiweshe
and Guvava. The other two judges, Deputy
Chief Justice Malaba and Justice Patel,
dissented strongly; both of them would have dismissed the application.
The
two dissenting judgments
Deputy
Chief Justice Malaba first of all explained why in his view it was not for the
court to get involved in determining for the President the way in which he
should exercise his discretion to fix dates for elections. The court, he said, “cannot act as if it were the
Executive”. He rejected the alleged
ambiguity of the constitutional provisions and said section 58(1) [see above] clearly envisaged the
possibility of a period without a Parliament, as did the Constitutions of some
other countries.
[Noteworthy
is his comment that “whilst the applicant is concerned about the fate of
Parliament, he does not seem to be interested in the need to comply with the
requirements of the new Constitution designed to ensure that the electorate
plays a meaningful role in the electoral process”.]
Justice
Patel reached the same conclusion. He
examined the structure of the provisions of the old Constitution in issue,
sections 58 and 63, and concluded that “the wording used is unambiguous and does
not admit of any other interpretation, nor does it entail any absurdity”. He, too, said that the provisions of the
old Constitution still in force clearly envisage having a hiatus without a
Parliament.
Court’s
decision binding Although the
majority judgment has been severely criticised by a number of distinguished
constitutional lawyers, and in the two dissenting judgments, it must be
accepted. There is no higher court to overrule that decision,
meaning there can be no appeal. So it
must be complied with to the extent that compliance is constitutionally, legally
and practically possible.
Difficulties with
Judgment
Bill Watch 19/2013 of 10th June lists some of the
timing difficulties now faced by those who must attempt to comply with the
judgment while at the same time complying with the relevant constitutional and
legal provisions. The conclusion reached is that compliance may well be
impossible unless other constitutional provisions are breached in the course of
doing so. As well as the factor of
timing, some of the other objections and difficulties that have been raised are
outlined below:
Should
election date be set by the judiciary?
Deputy Chief Justice Malaba’s
objection to judges fixing election dates will strike many readers as
well-founded. As he pointed out, the
power to fix election dates – within whatever limits are fixed by the
Constitution or the Electoral Law – is essentially one for the exercise of an
executive discretion, taking into account “relevant factors relating to the proper
conduct of the elections in the national interest”.
Should the
Prime Minister have been consulted?
The President and the Prime Minister
were at odds over something on which agreement was to be expected. The Chief Justice’s decision was clearly
influenced by fact that the President’s lawyer said the President had no
objection to the court’s order for elections to be held by 31st July. In effect, therefore, the court allowed the
fixing of an election date without the Prime Minister’s consent, when Article 20
of the GPA, as enshrined in Schedule 8 to the old Constitution, clearly makes
that consent necessary, by implication if not by express
words.
ZEC an
interested party: The
Zimbabwe
Electoral Commission [ZEC] is a major stakeholder in electoral matters. Section 157(4) of the new Constitution
recognises this: “No amendments may be made to the Electoral
Law, or to any subsidiary legislation made under that law, unless the
Zimbabwe
Electoral Commission has been consulted and any recommendations made by the
Commission have been duly considered.”
By
analogy ZEC should have been consulted before the court set about fixing an
election date.
Other
interested parties left voiceless:
The
majority judgment, while referring to some of the legal “exigencies of the situation”, shows no
sign of having considered other exigencies, such as the capacity of the
Zimbabwe
Electoral Commission
to conduct an election complying with the court’s order, the ability of the
Government to fund it, or the wishes of other registered voters who might have
wanted the court to hear views very different from those of Mr Mawarire about
how best to balance the exigencies of the situation created by the court’s
interpretation of the constitutional provision on election timing. It is to be hoped that if there is a return
to the court [see below] there will
be an opportunity for other stakeholders and registered voters to make an
input. So far the court has not heard
from persons who may have very good reasons for arguing that the exigencies of
the situation call for a substantial extension of the polling day deadline, in
order to permit a credible election to be conducted. .
Last-minute
appointment of Supreme Court judges under old Constitution: MDC-T
have criticised the appointment of two new Supreme Court judges under the old
Constitution just hours before the new Constitution came into operation. They point out that once the new Constitution
is fully in operation the procedure for appointing judges must be far more open
and transparent, involving advertising the positions, calling for nominations,
public interviews of applicants by the Judicial Service Commission [JSC], and appointments made by the President from the list
submitted by the JSC.
Under the old Constitution judicial appointments could be made by the
President after merely consulting the JSC.
Is Compliance with the Judgment Constitutionally, Legally
and Practically Possible.
What if it turns out that the judgment requires the
impossible? The President and all
concerned will have to rely on the principle expressed in the Latin maxim: Lex non cogit ad
impossibilia [the law does not require one to do
the impossible]. Can an election
realistically take place on or before the 31st July? It is one point of view that that elections
cannot be said to have taken place until the results have been announced, in
which case the answer is a resounding No.
Even if this view is not taken, and the court’s order is taken to mean
that the 31st July must be the polling day or last polling day, there are so
many difficulties, both legal and otherwise, that the same conclusion is
reached: No.
What Can be Done if Compliance is Impossible
·
The court order enjoins the
President to proclaim the elections “as
soon as possible” and says the elections “should be” held no later than 31st
July. This is language that gives
guidance rather than imposing a peremptory command. And, as the Chief Justice said in his
judgment, the content of his order and his selection of the date were arrived at
having regard to the “exigencies of the
situation”. If the exigencies of the
situation were not satisfactorily or fully explained to or appreciated by the
court – or if, as may very well happen, the exigencies change – the court can be
asked for an extension.
·
There is great merit in the
suggestion by David Coltart, a constitutional lawyer as well as a politician and
Minister, that the way out of the
“constitutional quagmire” is to go to the Constitutional Court for a fresh
court order enabling the country to avoid being in contravention of other
electoral provisions and the Constitution itself. Such an application could be made by any
concerned citizen who, to paraphrase the Chief Justice’s words in the
Constitutional Court’s judgment, perceives in the present situation a looming
infringement of his or her right to have the coming elections conducted in
accordance with the principles stated in section 155 of the new
Constitution.
[Note There is a recent precedent for
extending an election deadline set by a court – in the successive judicial
adjustments made, in response to the exigencies of the situation, to the July
2012 Supreme Court order for the holding of by-elections; those adjustments
culminated in the complete waiver of compliance with the court’s order.]
Conclusion
It
would be regrettable if the court’s order forces Zimbabwe into having the first
election under its new Constitution falling short of the principles outlined in
section 155 of the new Constitution, such as that all eligible citizens are
registered as voters, all political parties have equal access to the public
media, etc. “The State” – not just the
Executive – is enjoined by section 155 to ensure all these principles are
honoured. ZEC must be given the
opportunity to do its job thoroughly so that all people trust the outcome. The election timeframe should also take into
account Zimbabwe’s obligations, as a member of SADC, to follow the SADC
Guidelines for Elections.
Veritas
makes every effort to ensure reliable information, but cannot take legal
responsibility for information supplied
BILL
WATCH 20/2013
[13th June
2013]
Presidential
Powers Regulations Used to Amend Electoral Act
In
a Government Gazette Extraordinary published this morning the President has
gazetted Statutory Instrument 85 of 2013, entitled the Presidential Powers
(Temporary Measures) (Amendment of Electoral Act) Regulations, 2013. The regulations contain 75 pages of
amendments to the Electoral Act – the amendments that were expected to be in the
Electoral Amendment Bill due to come before Parliament next week. [Veritas hopes to make the regulations available in soft
copy shortly.]
The
Presidential Powers (Temporary Measures) Act empowers the President, subject to
certain limitations, to make regulations amending an Act of Parliament when
because of the urgency of the situation it is inexpedient to wait for Parliament
to pass an amendment Act. But its use in
this case can be questioned [see below].
In
justification of the invocation of the Presidential Powers (Temporary Measures)
Act, the preamble to the Statutory Instrument:
·
refers
to the order of the Supreme Court in the case of Mawarire v. The President
and Others [see Bill Watch 19/2013 and Court Watch
7/2013] the effect of which was to order elections to take place no
later than the 31st July
·
states
that the general public interest requires upholding the doctrine of the
separation of powers, the principle of constitutionalism, and the supremacy of
the Constitutional Court over the Executive in all matters concerning the
interpretation of the Constitution
·
refers
to the need to align the Electoral Act with the new Constitution and to
Cabinet’s approval of the needed amendments on 11th June
·
states
that it is inexpedient to await the passage through Parliament of an Act dealing
with the situation.
What
about the Electoral Amendment Bill?
This
resort to the Presidential Powers (Temporary) Measures) Act does not necessarily
mean that the Electoral Amendment Bill will not be taken to Parliament at
all. The Minister of Constitutional and
Parliamentary Affairs said in Parliament only yesterday that the Electoral
Amendment Bill would be brought to Parliament next week.
The
passing of a Bill to confirm today’s regulations is a legal
necessity,
given the fact that the Pritself esidential Powers (Temporary) Measures) Act
says that it cannot be used to do by regulation what the Constitution says must
be provided for “by, rather than in terms
of, an Act of Parliament”. And the
new Constitution requires just that: for instance, section 120 refers to
elections “in the manner prescribed in
the Electoral Law”, and the election of Senators having to be “in accordance with the Electoral Law”,
i.e., the Act of Parliament regulating elections.
Regulations
a Stop-Gap Measure to Allow Election Proclamation?
In
the circumstances, SI 85/2013 is presumably a stop-gap measure designed to allow
the publication of a proclamation later today for an election to be held on or
before the 31st July – probably even before that date.
Veritas
makes every effort to ensure reliable information, but cannot take legal
responsibility for information supplied
BILL
WATCH 22/2013
[13th
June 2013]
Election
Date Proclamation
This
afternoon [13th June 2013] the President published a proclamation announcing
dates for the forthcoming general election.
This followed this morning’s gazetting of Presidential Powers (Temporary
Measures) Regulations to amend the Electoral Act [see Bill Watch
20/2013].
The
dates fixed by the proclamation are as follows:
·
Nomination
day
will be 28th June for the presidential election and for the elections of members
of the National Assembly and local authorities.
[Note: Under section 45C of the Electoral Act, as amended
by the Presidential Powers regulations, this will also be the date on which
parties must file their lists of candidates for election as party-list Senators,
members of the National Assembly and provincial
councils.]
·
Polling
day will be 31st July for the Presidential, National Assembly and local
authority elections.
·
Polling
day for the run-off Presidential election,
if a run-off election is needed, will be 11th September.
·
Election
of Senator Chiefs will
be on 2nd August, when the provincial assemblies of chiefs will assemble on to
elect their quotas of Senator chiefs.
The
proclamation has caused a stir, to put it mildly. The Prime Minister was apparently taken by
surprise and has issued a statement strongly condemning the President’s failure
to consult him before issuing the proclamation [the text of
his statement has been circulated in Bill Watch
21/2013].
Legality
of the Election Proclamation: Lack of
Consultation
In
issuing an election proclamation, the President is obliged to act on the advice
of the Cabinet. This is laid down by
section 31H of the Lancaster House Constitution, a provision that is still in
force. Although that section allows the
President to act on his own initiative when dissolving Parliament, the President
is not dissolving Parliament in this proclamation: instead, he is allowing Parliament to run on
until its five-year term expires automatically on 28 June. So he should have obtained the agreement of
the Cabinet, at least of a majority of the Ministers, before issuing the
proclamation. Quite obviously he did not
do so. On that ground alone, the
proclamation is legally void.
Problems
Arising from the Proclamation
By
issuing an election proclamation, the President has prevented any further
amendments being made to the Electoral Law, in so far as it will apply to the
forthcoming election. Under section
157(5) of the new Constitution, after an election has been officially
proclaimed no change to the Electoral Law has effect for the purpose of that
election. So whatever deficiencies
there may be in the amendments that have been made to the Electoral Act by the
Presidential Powers regulations, the election will have to be held in accordance
with them – assuming of course that they have been validly made. If they have not been validly made,
then we will be stuck with the Electoral Act as amended last year, which
everyone accepts is completely inadequate for the purpose [e.g. there is
no provision for proportional representation].
It
may well be that the regulations have not been validly made
for the following reasons:
·
The
regulations, like the proclamation, appear to have been made without the
authority of Cabinet, indeed without consultation with Cabinet. They seem to have caught the Prime Minister
and other Ministers from his party completely by surprise. Like the election proclamation, the
regulations required the authority (i.e. the approval) of Cabinet, before the
President could make them.
·
The Presidential
Powers (Temporary Measures) Act states in section 2(2) proviso that regulations
made under the Act “shall not provide for
any of the following matters or things,” including (c) “... any matter or thing which the
Constitution requires to be provided for by, rather than in terms of an
Act.” And the new Constitution
requires that the new provisions for the Electoral Law be passed by Parliament
and not made by regulation in terms of another Act such as the Presidential
Powers (Temporary Measures) Act
If an election date
proclamation had not been made, the regulations could have been confirmed by the
passage of an Electoral Amendment Act through Parliament next week – but now a
proclamation has been made, this is now impossible
[see
above]
·
The
regulations were published during the morning of 13th June, the proclamation was
published in the afternoon. Under
section 20 of the Interpretation Act, statutory instruments are deemed to have
been published on midnight on the day on which they appear in the Gazette. So on that basis, the regulations and the
proclamation were published simultaneously, and the regulations cannot be said
to have had effect before the election was called. Hence, under section 157(5) of the new
constitution, they must be disregarded.
If
the Election Proclamation is Invalid – What Then?
There
are several scenarios that may play out if the election proclamation is found to
be invalid. Two of them
are:
·
SADC
Heads of State and Government, meeting on Saturday, may exert sufficient
pressure on the President to oblige him to rescind it.
·
The
MDC parties, who were not consulted about the election dates, may decide to
boycott the election. This would lead to
an election which would have questionable credibility within the country and
even less outside.
If
the Proclamation is Valid – Then What?
Even
if the election proclamation is found to be valid, there may be insuperable
obstacles to holding the election on the dates prescribed in
it:
·
The
problem with the Election Amendments Regulations described
above.
·
There
is not enough money to pay for the election.
The Minister of Finance has said this repeatedly. It is most unlikely that foreign donors will
be willing to contribute towards the costs of the election, if it is held on
dates fixed by the President unilaterally and under a law which he has enacted
unilaterally.
·
There
may not be enough time for the Zimbabwe Electoral Commission to organise both
voter registration exercise overlapping with election preparations effectively,
even if funds can be found to pay for it.
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