Njabulo Ncube, Assistant Editor
THE Speaker of Parliament, Lovemore Moyo, is scheduled to meet officials from the Zimbabwe Electoral Commission (ZEC) next Monday to iron out the issue of vacancies in the bicameral parliament. The meeting comes amid revelations that partners in the Global Political Agreement (GPA) have agreed to extend the period during which they would not stand against each other in the event of a by-election.
This development is contained in South African President Jacob Zuma’s report to the Southern African Development Community Summit held in Namibia last month.
Zuma, the mediator in the Zimbabwean crisis, revealed that the GPA partners have agreed that “if and when electoral vacancies occurred, the parties would not stand against each other in the resultant by-elections for the duration of the lifespan of the inclusive government, in order to avoid conflict.”
What this means is that the power-sharing agreement’s original 12-month “no-contest” provision, which lapsed last September, has effectively been extended.
The “no contest” pact, if honoured also entails that a GPA party which held a seat before it fell vacant will select a candidate and that candidate will not be opposed by contestants sponsored by the two other parties making up the troubled alliance.
But there is nothing to stop independent candidates and candidates from other non-GPA political parties from standing.
Xolani Zitha, the spokesperson for the Speaker of Parliament, told The Financial Gazette yesterday that his boss would raise the issue of by-elections with ZEC officials on Monday.
“Fortunately, ZEC have requested a meeting for Monday and the Speaker will certainly raise the matter (of by-elections),” said Zitha. “These are some of the issues that the Speaker will discuss with the ZEC officials. Clarity is needed on these issues otherwise we risk being blamed,” added Zitha.
There are currently 17 vacant seats in the bicameral house — 10 in the House of Assembly and seven in the Senate.
Critics say it does not mean there should be no by-elections for the 17 vacancies that have arisen in and around the country, pointing out that the inter-party pact, signed by ZANU-PF and the two Movement for Democratic Change (MDC) formations, cannot by itself change the Electoral Act, which requires that by-elections be held to fill vacant seats in the House of Assembly or the Senate upon official notification by Parliament.
Section 39 of the Electoral Act says that the President must, within 14 days of being informed of a vacancy by Parliament, gazette a proclamation calling a by-election to fill the vacancy.
Under the Zimbabwe law and Constitution, a presidential proclamation is needed to give the go ahead for any by-elections.
ZEC can only organise a by-election once the President has gazetted a proclamation calling the by-election.
There is already a High Court application in Bulawayo by three former MDC-M legislators pushing for the holding of by-elections in their constituencies.
The three — Abednico Bhebhe, Njabuliso Mguni and Norman Mpofu lost their seats in the House of Assembly in August last year after being expelled from the MDC-M for allegedly putting the party’s name into disrepute and insubordination.
The legislators, who want to stand as independents, have applied to the Bulawayo High Court for an order compelling President Robert Mugabe to call for the long over due by-elections in their respective constituencies in Matabeleland and ZEC to conduct the polls.
Moyo’s office has already notified President Mugabe of all the vacancies in the august House.
A response is still however, to be received.
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