Election case: ED is still the boss

From Page 1 ruling. If the poll result is upheld, the President-elect must be inaugurated within 48 hours of the ruling. Should the result be overturned, a fresh election must be held within 60 days.

The ConCourt has broad discretion to issue any other order.

In an interview yesterday, Justice, Legal and Parliamentary Affairs Minister Ziyambi Ziyambi also said the court challenge did not strip the incumbent of his authority.

According to Section 94 of the Constitution of Zimbabwe, “(1) Persons elected as President and Vice-Presidents assume office when they take, before the Chief Justice or the next most senior judge available, the oath of President and Vice-President respectively in terms of the forms set out in the Third Schedule, which oaths they must take (a) on the ninth day after they are declared to be elected; or

“(b) in the event of a challenge to the validity of their election, within 48 hours after the Constitutional Court has declared them to be the winners.

“(2) The incumbent President continues in office until the assumption of office by the President-elect in terms of subsection (1).”

Minister Ziyambi said the Constitution abhorred a power vacuum.

“Furthermore, tenure of the office of ministers and deputy ministers as provided in Section 108 of the Constitution generally states that they serve at the pleasure of the President and terms of office cease when a new President is sworn-in.

“So the net effect of these sections is that the President, ministers and deputy ministers remain in office exercising whatever powers they have according to the dictates of the law hence there is no power vacuum.

“The effect of the just-ended elections is that they are expected to usher in a new President, hence we talk of a Presidentelect because that individual will have to be sworn in to become substantive.

“The court challenge to the Presidential election results sets aside the swearing-in of the President-elect that had been scheduled for (today) until the court decides. The court has up to 14 days to make a ruling and if it dismisses the challenge, swearing in of the Presidentelect must be done within 48 hours.

“We are glad that the drafters of the Constitution never created a power vacuum that is why President Mnangagwa will lead proceedings on Monday for Heroes Day and Tuesday for Defence Forces Day.”