A TOP legal expert has rubbished claims by President Emmerson Mnangagwa and Zanu PF that the Southern African Development Community Election Observer Mission (SEOM) strayed from its mandate by criticising Zimbabwe’s institutions and legal framework.
Responding to questions from journalists at State House on Sunday, Mnangagwa said he was aware that some observer missions went beyond their call of duty and began interrogating legislation passed by the Zimbabwean Parliament.
He said every single sovereign country passed its legislation through its Parliament with “Zimbabwe not an exception”.
However, Harvard University-trained lawyer Thompson Chengeta said, according to Sadc Principles and Guidelines Governing Democratic Elections and prevailing Sadc State practices, the observer missions acted within their mandate.
“Despite recent debates ignited by Sadc's preliminary statement on Zimbabwe's 2023 elections, claims that Sadc overstepped its mandate by critiquing Zimbabwe's legal framework are incorrect,” Chengeta said.
He said section 4.1.1 of the Sadc Principles and Guidelines explicitly directed the Sadc Election Observer Missions (SEOM) to consider ‘constitutional and legal guarantees of freedom and rights of the citizens’.
“Therefore, SEOM is authorised to comment on a country's constitutional and legal framework, as this is part of its formal observation remit.
“The nature of these comments, whether positive or negative, hinges on the specific circumstances of each case. Additionally, section 6.1.4 affirms SEOM's right to 'free access to all legislation and regulations governing the electoral process,' enabling them to consider a country's legal framework as measured against Sadc principles relating to elections,” Chengeta said.
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He cited instances whereby Sadc observer missions criticised laws in other Sadc countries.
“The Lesotho SEOM 2022 Preliminary Statement criticised Lesotho's electoral laws, including its Constitution and Electoral Act.
“The mission, led by Hon Frans Kapofi of Namibia, agreed with stakeholder critiques of Lesotho's laws. Botswana's SEOM Preliminary Statement criticised several aspects of Botswana's Electoral Act, including voter registration and political funding. “The mission was led by the late Sibusiso Moyo of Zimbabwe. Mozambique's SEOM preliminary statement evaluated Mozambique's laws in terms of their compliance with Sadc Principles and Guidelines. The mission was led by Hon Oppah Muchinguri-Kashiri of Zimbabwe,” he said.
Addressing the media in Harare after the SEOM preliminary report, Justice, Legal and Parliamentary Affairs minister Ziyambi Ziyambi also said observer missions were mandated to observe elections only, and not to rewrite national laws.
“We have a Constitution that dictates what we are supposed to do. Observers are there to follow whether our processes are within the confines of our laws.
“It's important to note that when observers come to the country, their mandate is limited to fact-finding related to the specific poll and not to a collection of grievances as witnessed in the Sadc and EU report,” he said.
Zanu PF national spokesperson Christopher Mutsvangwa also criticised Nevers Mumba, the Sadc head of mission, for interfering in Zimbabwe's domestic affairs.
