“One of the most significant challenges arises from Section 58 of the Constitution of Zimbabwe which provides that ‘a general election and elections for members of the governing bodies of local authorities shall be held on such day or days within a period not exceeding four months after the issue of a proclamation dissolving Parliament’,” said Legal expert, Chris Mhike.
He added that there was nothing on the ground to suggest that Parliament was about to be dissolved any time soon. He said financial constraints had made it impossible for Zimbabwe to hold elections in March.
The Zimbabwe Electoral Commission requires $300 million to bankroll the forthcoming referendum and elections. However, Finance Minister, Tendai Biti in his 2013 budget presentation this month availed a paltry $50 million.
Huge obstacle
Mhike said outstanding issues on the new constitution would pose a huge obstacle to Mugabe’s call for elections in March.
The COPAC draft constitution is yet to be tabled before Parliament for discussion. Recently the constitution making process hit a snag after the COPAC Management Committee clashed on what to do with the report of the Second All Stakeholders Conference held in the capital in October this year.
Zanu (PF) insisted the draft constitution and the report from the Second All Stakeholders Conference be presented to the Global Political Agreement principals where negotiations would be made on disagreed issues. The two MDC formations argued that the draft constitution should be sent to Parliament for deliberation.
Mhike said the referendum on the new constitution would consume quite a huge chunk of time between now and March as it involves “preparations by the Zimbabwe Electoral Commission, voter education on the process, actual polling and vote counting, then announcement of results”.
“If a new Constitution is passed, various other pre-election processes might also have to be carried out. These could include further amendments to the Electoral Act, or the total replacement of the current statute and the revision of the current voters’ roll,” he said.
Not practical
In the event that a new constitution is passed, Mhike said the country would have to have comprehensive media reforms, re-arrangement of security, judicial and other state institutions to ensure the prevalence of the rule of law.
“Other processes include the convening of the Nomination Court, and the training of the electoral officials, monitors and observers, who all contribute to the successful conduct of free and fair elections. It goes without saying that the three months left between now and March 2013, are inadequate,” said Mhike.”
Another legal expert, Dzimbabwe Chimbga, said, ‘The March date is not practical. Also it’s not legally possible to have elections by March.
Firstly, the Constitution process has not been completed and Article 6 of the GPA says that a new constitution is a pre-requisite for elections.”
Mugabe is on record as saying elections will definitely be held by March, with his party threatening to go for elections under the old constitution if the writing of a new supreme law is not completed in time.
Speaking to The Zimbabwean, MDC-T spokesperson, Douglas Mwonzora, said: “Certainly it is not possible to have elections by March because the draft constitution must be submitted to Parliament followed by a referendum and after that there has to be the delimitation of constituencies. This takes time and March is becoming more unrealistic.”
He said the March date was an attempt by Zanu (PF) to hold elections not in conducive environment.
Post published in: News