The Standard (Zimbabwe)

By-elections delay illegal, ZEC must seek court order

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On Tuesday July 6, 2021, the Zimbabwe Electoral Commission (ZEC) vice-chairperso­n Emmanuel Magade indicated that the commission is ready to conduct by-elections as soon as the imposed suspension is lifted.

The Electoral Resource Centre (ERC) insists that the commission should pursue a court order to postpone by-elections and should execute its mandate independen­t of the executive.

The administra­tion of by-elections does not fall under the purview of the commission alone.

To ensure compliance, the commission must recommend that President Emmerson Mnangagwa proclaim by-elections or the commission seeks a court order to postpone the conduct of byelection­s and give a timeline to the suspension.

Currently, the president is in violation of the law. Consequent­ly, the president and ZEC must seek a court order postponing the proclamati­on of by-elections.

It is ERC’s contention that:

• Utterances made by Magade puts the commission at the disposal of the executive.

This puts to question the capacity of the commission to act independen­tly without external influence as stated by the law.

• Due to the Covid-19 global pandemic, the commission must extensivel­y consult with medical experts, political parties, civil society organisati­ons and ordinary citizens on whether or not to conduct by-elections.

The commission should collect evidence and ascertain whether to conduct by-elections or to suspend.

Should the evidence indicate a risk in administer­ing by-elections under the Covid-19 pandemic, the commission can thus seek a court order to suspend by-elections, as witnessed in South Africa.

• By-elections present the commission with an opportunit­y to test electoral reforms.

ZEC should invest in actively pursuing long outstandin­g administra­tive reforms, a position already adopted by the government and awaiting operationa­lisation.

Electoral Resource Centre

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