ED can’t proclaim election without voters’ roll: Zesn

AN independent electoral watchdog has warned that President Emmerson Mnangagwa could find himself in breach of the country’s electoral laws, if he proclaims election dates before the Zimbabwe Electoral Commission (Zec) has finalised the voters’ roll.

BY BLESSED MHLANGA

The Zimbabwe Elections Support Network (Zesn), in a statement yesterday, said the President can only proclaim election dates after Zec has presented him with a final copy of the voters’ roll.

“The grey area is this, no voters’ roll, no election proclamation. It is a preliminary for all elections and will be finalised after the inspection period, not knowing how long it will take for Zec to have a final roll after elections,” Zesn said.

Legally, after the proclamation the nomination court is expected to seat within 14 days while candidates should have at least 44 days for campaigns.

Section 157 of the Constitution, stipulates the minimum period from proclamation to nomination date is 14 days, and from nomination date to polling date, 30 days — giving a minimum of 44 days from the proclamation date to polling.

Section 38 of the Electoral Act stipulates a maximum 84 days between proclamation and polling.

“Proclamation date must not be less than 44 days and not more than 84 days before polling, based on the earliest polling date of July 23, the proclamation must be gazetted in the period of May 30 to June 9 and based on the latest polling date of August 21, 2018, the proclamation must be gazetted in the period May 30 to July 9,” Zesn said.

Mnangagwa should also consult with Zec before making his proclamation, but is not obliged to take their submissions into consideration.

“Section 144(3) of the Constitution lays down that the dates for the election must be fixed by the President “after consultation with the Zimbabwe Electoral Commission”.

Section 339(2) explains that this means Zec must be afforded a reasonable opportunity to make recommendations or representations about proposed dates and that the President must give careful consideration to any such recommendations and representations although he is not obliged to follow them,” Zesn said.


9 Comments

  1. Kutsvaka mari kuma donor uku. The date is yet to be announced but you are already shouting from roof tops that the constitution is going to be breached.

    1. Its because ED announced at a rally over the weekend that he is going to proclaim the dates in 2 weeks time, thats why he is being advised to make sure he follows the law.

    2. Musataura zvamusingazive amai. Ed said he’ll announce the dates in 2 weeks. Unless if ZEC gives the final voters’ roll in the 2 weeks then i don’t see where the ZESN is wrong, they are just reminding him of his obligations.

  2. Disgraced Zimbo

    maDube-He is clueless about the laws of this country thus why he appointed more Ministers who are not MPs . He is good at carrying a begging bowl, a country can not rely on begging only. Smith ran this country without donor support but with import substitution. It a shame the whole country is like begging street kids besides all the natural resources which it has.

  3. ED is clueless,dont know why he might be a lawyer but obviously not a smart one,he has a history of making unlawfull decisions and every effort should be made to keep him in check, well done ZESN

    1. you say ED might be a lawyer… what about you? a clueless lawyer is always better than a noisy tout

  4. You must know that ED is ahead of Zesn in terms of law he knows what to do and not

  5. Huuumm vana zesn, ED ndokutadza kuziva kuti he has to wait for voters’roll, zvinozivikanwa nesuwo povo….tsvagai dzimwe nyaya. He said in two weeks, which is about the end of inspection. Kana dzikaita 3 weeks zvinei?? Tikwanirei

  6. Mai pai veduwee. Makanganwa here kuti ma results emamwe ma elections akatozoshevedzerwa vanhu vakanganwa zuva ravakavhota iye ED aripo. Mitemo yakaisirwa isu vari pasi. Regai ZESN itaure pamwe nekuyambira nhunzvatunzva

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