MDC Alliance leaves democracy in peril
board responsible to hold elections to fulfil its constitutional mandate.”
Maanda called for a new law on the recalling of legislators to avoid any ambiguities.
“The law on recalling legislators needs to be clarified by statutes so that recalls are not done as a facade for settling political scores,” he said.
“The law on the timing of by-elections should be complied with in order for citizens to have representatives in Parliament as the law envisages and as democracy and the rule of law require.”
In a joint statement, ERC and the Zimbabwe Election Support Network (Zesn) said the delays in holding by-elections had become a threat to the constitutional order.
“It is worrisome to note that citizens continue to find themselves without representation in Parliament and local authorities,” ERC and Zesn said in response to ZEC’s announcement last week that it was maintaining its suspension of by-elections.
“ZEC should avoid creating a public perception that it is nitpicking and choosing, which aspects of constitutional and electoral obligations it decides to comply with, or disregard under the pretext of complying with Covid-19 regulations.
“This may negatively impact on public and stakeholder trust and confidence in its independence and impartiality.
“The commission could proceed with by-elections as is the case with other countries such as South Africa that held local authority elections amid the Covid-19 pandemic.”
They added: “In the interest of upholding representative democracy in Zimbabwe, ZEC could draw lessons and ensure adherence to its own Covid-19 policy that it formulated and promulgated in September 2020.
“It would be difficult to countenance the continued suspension of by-elections, with the attendant effect of the continued suppression of the right of citizens to representation, when schools, universities, businesses, and other sectors have been opened.”
The organisations urged Mnangagwa’s administration to avoid introducing laws that violate the constitution on the pretext that it is protecting citizens against Covid-19 .
“Zesn and ERC implore the government of Zimbabwe to desist from enacting statutory instruments that undermine the spirit and letter of the constitution and should thus create inclusive multi-stakeholder spaces, for ongoing dialogue and collaboration, which will lead to the holding of Covid-19 compliant by-elections, to enable citizens to peacefully exercise their constitutionally enshrined political rights,” the organisations said.
“Zesn and ERC reiterate that byelections could be held under strict Covid-19 protocols to protect the health of the people and to safeguard the health of democracy.”
The United State last week said Zanu PF was using the Covid-19 pandemic to close the democratic space.
“We continue to monitor efforts by the government to dismantle the MDC Alliance through the arrest and detention of its leaders and diversion of its assets,” the US State
Department said in a statement.
“We also note the government’s selective enforcement of Covid-19 regulations to indefinitely postpone by-elections and prohibit MDC Alliance gatherings, while permitting elections of the ruling Zanu PF party and its allies going forward.
“Zanu PF is misusing the levers of government to silence critics, neutralise opposition and entrench its political power over the Zimbabwean people.”
Zanu PF denies that it has any hand in the recall of the legislators, but Mudenda’s role in the manoeuvres has come under scrutiny with accusations that he is biased.