It will dictate that Mugabe [by name] stays as President despite losing the last free, fair, recognized election for that post; and that Tsvangirai occupy a new ill-defined post as Prime Minister, despite winning that election to be President, Head of State, Head of Government, and Commander-in Chief of the Armed Forces.
But unless and until our electoral laws are thus superseded by the 19th they remain binding on all [including regional groups, if our laws meet their minimum standards], and can they be implemented still as a practical fair alternative to GPA.
Agreed by all
They were agreed by all parties in 2007 under SADC mediation and all were duly enacted into law before the 2008 Presidential election – each one with Mugabes assent.
Zimbabwes agreed Electoral Laws for a Presidential election are like rules in F1 racing. Whoever does best in the first race assumes pole position before the final starts.
I will not quote them verbatim here due to space; but these laws are public documents, and can also be put on the worldwide web for general convenience.
Our laws prescribe, unconditionally, for any first and for any second election that – the person with most votes after the count must be declared duly elected as President of Zimbabwe [Second Schedule, Electoral Act Ch 2:13, as read with its section 110], and assumes office the same day [section 110(7)]
– each election is not legally over until that declaration is made – with no time limit on when that may be [section.4 – definition of election period for Presidential election].
– if the winner had not won over 50% of the votes, then a second election will be held, which only the winner and runner-up can contest, within 21 days of the first declaration [section 110(3)]
– the person with most votes in that second election then will be declared President [Second Schedule etc again], and be able to serve a full term.
The rules are legitimate, democratic, and in my view safer for contestants and spectators than any rules that may leave a less successful candidate in front.
We have only to look at what happened in 2008 when these rules were NOT followed, to find enough proof now of their wisdom and necessity here.
2008 election
As these rules were all published as our law, we have a right and responsibility to insist that they all be respected as that.
If we apply them even to the [delayed, revised] official results released for March 2008, Tsvangirai with 48% of the vote was and still is, in the express words of the Act, entitled to be declared duly elected as President of the Republic of Zimbabwe with effect from the date of that declaration and enter office; and Mugabe with 43% of the vote is then entitled to a second election within 21 days of that necessary statutory declaration.
The first election held in March 2008 is not legally over until that declaration of who was elected President by our votes then is done.
There is no reason to suspect any Presidential run-off now run under those rules would be violent or unfair, like the illegitimate race in June 2008 that led into the GPA.
With help from our friends and neighbours, and our most popular candidate in power [or an impartial Acting President if that winner is willing to stand aside for one] during the run-off, as the law required, surely Zimbabwe can now conduct a free fair election.
Would it not be the cleanest, quickest, fairest way too to resolve the endless inter-party disputes under the GPA?
By letting the people finish choosing their President in a free and fair fashion instead?
Which is, with respect, what AU and SADC should have insisted the people were entitled to do, in 2008.
With this way forward also leaving the rest of our elected officials in place until 2013.
And sparing SA and SADC from dealing with a referendum here this July.
Post published in: News