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Elections can still be held after June 29

Politics
The recent High Court ruling in favour of President Robert Mugabe’s application not to comply with the court’s earlier ruling for him to set a date for by-elections in three constituencies by March 31 2013 has sparked debate

The recent High Court ruling in favour of President Robert Mugabe’s application not to comply with the court’s earlier ruling for him to set a date for by-elections in three constituencies by March 31 2013 has sparked debate on whether or not harmonised elections should be held by June 29 when the life of Parliament comes to an end. I wish to add my voice to this debate.

High Court judge Justice George Chiweshe last week ruled that it did not make economic sense to hold by-elections in Nkayi South, Bulilima East and Lupane East before the life of Parliament ends on June 29. He further explained that there were further vacancies in other constituencies — 16 in the House of Assembly, 12 in the Senate and 164 in council wards — that would necessitate by-elections to be held as well.

This ruling has been interpreted in other circles to mean the harmonised elections have to be held by June 29.

What does the law say? Section 63 (4) of the Constitution says Parliament, unless sooner dissolved, shall last for five years. This period shall be deemed to commence on the day the person elected as president enters office. The president was sworn into office on June 29 2008, meaning the five-year term of Parliament officially commenced on this day. Unless the president dissolves Parliament earlier, it means Parliament will stand dissolved on June 29 this year as it would have completed its five-year term of office.

Section 58 (1) of the Constitution says a general election and elections for members of the governing bodies of local authorities shall be held on such day or days within a period not exceeding four months after the issue of a proclamation dissolving Parliament or when Parliament stands dissolved on the expiry of its term of office. This provision can be interpreted to mean harmonised elections can be held anytime from June 29 to end of October 2013.

But then how can ministers and deputy ministers continue to function if Section 31E (2) of the Constitution requires no person to hold office as vice-president, minister or Deputy Minister for longer than three months unless he/she is a member of Parliament? This answer is that elections should, therefore, be held by September 30 in order for ministers and vice-presidents to operate legally and have a government in place. While the Constitution gives the president up to four months to conduct elections after dissolution of Parliament, the provision that allows ministers and vice-presidents to operate up to a maximum of three months without being members of Parliament will therefore compel the president to call for elections by end of September and not October 31.

But what else is needed from dissolution of Parliament and the conducting of harmonised elections? The Electoral Amendment Act outlines various processes that have to be undertaken before the elections. These processes cannot be undertaken overnight.

The most important process pertains to voter registration. While we are aware that voter registration is underway, the electoral law says the president, on the advice of the commission, may at any time, by proclamation in the Gazette, order that there shall be a new registration of voters in all wards and constituencies; or in such wards or constituencies as are specified in the proclamation.

In the proclamation, the president shall fix the day upon which the new registration shall begin and the latest day upon which claims and applications for registration shall be received, which day shall not be less than 60 days and not more than six months after the day fixed in the proclamation. Given that some of the political parties and civil society organisations are not happy with the current process of voter registration, there is a possibility that a proclamation can be issued for new registration of voters, a process that will require more time.

Then there is voter education, a very important exercise to deal with the perennial problems of voter apathy and large number of spoilt ballot papers. While the Zimbabwe Electoral Commission can undertake voter education before proclamation of day for the elections, the law says not later than one week after the publication of a proclamation or notice fixing the dates of an election, the commission shall begin a programme of voter education directed at the electorate in the election. This again will require more time.

On delimitation of constituencies, the electoral law says before the president, in terms of Section 100J(1) of the Constitution, notifies the commission of a date on which it is to determine the limits of wards and constituencies, the president shall consult the commission; and fix the date so as to allow the commission adequate time to determine the limits of the wards and constituencies and prepare its final report in terms of Section 100J of the Constitution before the calling of the next general election.

Let us also bear in mind that we still have not finalised the constitution-making process.

This is expected to be finalised in May when Parliament resumes sitting. After garnering two-thirds approval in both houses, the Constitutional Bill will then be transmitted to the president for signing into law.

When that has been done, next will be the important task of aligning laws such as the Electoral Act with the new supreme law so that they become constitutional. So a lot still needs to be done before elections. This makes elections before June 29 unrealistic.

John Makamure is the Executive Director of the Southern African Parliamentary Support Trust writing in his personal capacity. Feedback: [email protected]