The Standard (Zimbabwe)

Exploring alternativ­es to by-elections in Zimbabwe

- BY EARNEST NYAMUKACHI

IN terms of the Zimbabwean constituti­on the conduct of elections is provided for in accordance with the provisions of Chapter 7 Sections 155-161.

Section 155 deals with the principles of the electoral system which are basically guidelines to electoral conditions and activities.

In Zimbabwe elections are held every ve years and are harmonised.

This means as provided in Section 158(2) General elections to local authoritie­s must take place concurrent­ly with presidenti­al and parliament­ary elections.

By-elections, which is the lling in of vacancies that occur in any elective public o ce in terms of the constituti­on of Zimbabwe, must occur within ninety days of the declaratio­n of a vacancy.

The ner details of the guidelines in the conduct of both General elections and by-elections are in terms of An Act of Parliament, in this case the Electoral Act.

Chapter 2.13. Zimbabwe’s Electoral system is characteri­zed by rst past the post (FPTP) for all local authority wards and all parliament­ary constituen­cies as delimited by the Zimbabwe Electoral Commission (Zec), which is the constituti­onal board that is mandated to deal with elections to public o ce.

In addition, to this there is a proportion­al representa­tion system that accounts for a certain number members of the upper House (Senate) of Parliament, women and youth quotas in the General Assembly as well as in local authoritie­s.

Since independen­ce Zimbabwe has held numerous by-elections to ll vacancies that have occurred due to a number of reasons in between general elections. While this is not an occurrence just in Zimbabwe it is common in many other democratic nations.

However, byelection­s in Zimbabwe have proven to be costly, time-consuming, and sometimes disruptive to the governance processes.

Given that over the past two decades Zimbabwe has experience­d serious economic challenges, exploring possible alternativ­es to by-elections could offer more e cient and e ective ways to ensure democratic representa­tion and governance continuity.

Due to the provisions of Section 129 (k), of the constituti­on of Zimbabwe, the nation has witnessed an upsurge in byelection­s resulting from internal party governance challenges or con icts.

The past two decades have witnessed an unpreceden­ted evocation of this section, especially in the opposition, triggering huge numbers of byelection­s.

This has practicall­y made Zimbabwe an election-mode-centric nation.

Between the 2013 and 2018 General elections this clause triggered over twenty-one (21) by-elections at one go.

Between 2020 and 2023 it saw over forty (40) by-elections for vacancies in the National Assembly constituen­cies and hundreds of local authority wards.

Four months after the August 2023 general elections the clause caused 15 National Assembly by-elections and many local authority ones.

The rst quarter of 2024 has already had its fair share of by-elections triggered by the evocation of the same clause.

These developmen­ts call for a rethink on the e cacy of by-elections to

ll vacant posts in elected public o ce given the disruptive experience­s socioecono­mically, politicall­y and in terms of governance.

This current electoral system, based on the First Past the Post (FPTP) method, has created challenges when it comes to lling vacant seats in the National Assembly and local authoritie­s between general elections.

By-elections triggered by the wanton evocation of Section 129 (k), have proved to be costly and time-consuming.

It is also evident they may not always produce representa­tive outcomes given the massive voter apathy characteri­sing the processes.

In reality by-elections may not be the most practical or e cient option to ll vacancies in elective public o ce positions for now and in the future.

Introducin­g a party list electoral system, could mitigate the need for frequent by-elections.

In the event of a vacancy, the vacant seat could be automatica­lly lled by the next candidate on the party's list, as determined during the previous general election.

This system promotes continuity and ensures that the party maintains its representa­tion in the legislatur­e without the need for additional elections. Integratin­g this into the existing FPTP system may be a viable alternativ­e to byelection­s while ensuring democratic representa­tion.

This system o ers a practical solution for lling vacant seats in elected public o ce positions.

The party list can be compiled in the same way as the proportion­al representa­tion list.

However, the di erence would be that the numbers will be equal to the constituen­cies or wards.

For example Manicaland province has 26 constituen­cies.

Party A which contested in Manicaland provides a list of 26 names in Zebra fashion starting with a woman.

Each of the seven districts of Manicaland will have names on the list with numbers proportion­ate to the number of constituen­cies in each district.

Makoni district for example has ve constituen­cies it will supply ve names on the list.

Nyanga district has two constituen­cies and it will supply two names on the list.

For the local authority, each party, for each ward, must have a representa­tive on the party list.

If the candidate in the general election was male then the party list name should be female and vice versa.

Those on the party list must not have participat­ed as candidates in the general election.

There are a number of possible advantages associated with integratin­g the party list system with the existing

rst past the post system with regards to enhancing the democratic landscape of the country.

By integratin­g party lists system with the existing rst past the post system, Zimbabwe can address some of the shortcomin­gs associated with winnertake­s-all politics while preserving the advantages of local representa­tion, inclusivit­y, accountabi­lity and e ective governance.

It has been clear that women have been heavily marginaliz­ed in the rst past the post battle for power survival.

With the party list they stand a chance as the list will cover the short changing they receive in the general election survival of the ttest initial contest.

Whenever, a vacancy arises in the male dominated seats they will be the rst to bene t.

This hybrid approach promotes fairness, gender equity and inclusivit­y and e ective governance, ultimately strengthen­ing Zimbabwe’s democratic institutio­ns.

Utilising the party list system to ll electoral vacancies removes the need for conducting byelection­s, thereby saving time and resources for both the state, the electoral commission, individual­s and political parties.

It streamline­s the process of maintainin­g a fully functionin­g governance system.

Unlike with by-elections, which can result in prolonged periods of underrepre­sentation or non-representa­tion for constituen­ts, lling vacancies from the party list ensures immediate continuity of representa­tion.

This is particular­ly important in addressing urgent legislativ­e matters and maintainin­g e ective, stable governance and decision making at both national and local levels.

The party list system while ensuring continuity of representa­tion, can uphold the democratic mandate of political parties initially given by the electorate in the general election.

In Zimbabwe's electoral framework, incorporat­ing party lists to address vacant seats within the FPTP system can enhance representa­tion and streamline the electoral process.

The legislatur­e and local authoritie­s are made to be always fully subscribed regardless of vacancies having occurred due to the various circumstan­ces.

While ensuring immediate continuous representa­tion this system has great potential to minimize disruption­s in parliament­ary and local authority proceeding­s.

With vacancies quickly lled from party lists, the national legislatur­e and councils can function e ectively, address pressing issues, and make informed decisions on behalf of the electorate.

Party lists o er exibility in responding to vacancies, allowing parties to adjust their representa­tion based on changing circumstan­ces and electoral dynamics.

Parties can update their lists periodical­ly to ensure that they re ect the evolving needs and preference­s of the electorate.

In Zimbabwe's electoral landscape, integratin­g party lists within the FPTP system o ers a pathway to promote and ensure continuity of representa­tion and upholding the democratic principles of inclusivit­y and accountabi­lity.

This approach promotes stability and e ectiveness in governance, allowing for the seamless transition of representa­tion in the national legislatur­e and local authoritie­s.

This can actually move our country towards the trajectory of meritocrat­ic democracy.

*Earnest Nyamukachi is peace and governance advocate

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