Chiweshe granted President Robert Mugabe an extension until March 31st next year to hold by-elections in three constituencies that have been vacant since 2010.
Mugabe has successfully argued that the government is too broke to hold the by-elections in Nkayi South, Bulilima East and Lupane East that were left vacant when MDC-N expelled Abednico Bhebhe, Norman Mpofu and Njabuliso Mguni, respectively.
Research and Advocacy Unit, in a statement, said the judgment reflects a conflict between the executive, judiciary and legislature.
“The granting of the extension to this date for the three by-elections is a violation of the principle of the separation of powers established by our constitution. The President is already in breach of the law in having failed to call these by-elections and the 24 other that are due.
“It is not for the courts or the President to decide which laws can be ignored out of political expediency – though unfortunately this is not atypical of the modus operandi of both in present day Zimbabwe,” reads the RAU statement.
RAU argues that the ruling by the High Court undermines the election roadmap, which includes a new constitution, electoral reforms, media reforms and realignment of the security sector.
According to RAU, the extension of the by-elections is unconstitutional and implies that the government cannot afford to fund democracy.
The organisation noted that by postponing the by-elections, government had failed to comply with constitutional provisions, with the courts using poverty an excuse to violate the law.
RAU said the possibility of having elections next year was a “fairytale” given that there are numerous reforms needed for Zimbabwe to hold credible elections, further noting that nothing had been done to clean up the shambolic voters’ rolls and to free the airwaves.
The organisation added that a new constitution and the promulgation of the Electoral Act were not sufficient for free and fair elections.
“The idea that a new constitution and the Electoral Act will do anything to render the next elections free and fair is hype advanced by all the political protagonists and SADC. No matter what electoral laws are in place, a free and fair election cannot take place without some restraint placed on the security sector,” said RAU.
Post published in: Analysis