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Vice President Constantino Chiwenga has banned the holding of by-elections which were scheduled fro December 5 citing COVID19 threat.
The suspension was issued through Statutory Instrument (SI) 225A of 2020 , while nomination court was due to sit on October 9.
The SI reads, “ Pursuant to subsection (2), the holding of any by election to fill a casual vacancy in Parliament or in a local authority is, for the duration of the period of the declaration of Covid-19 as a formidable epidemic disease, suspended, and if such vacancy occurred while such declaration is in effect , no part of the period from the date of such vacancy to the date of the end of the declaration shall be counted for the purposes of section 158(3) of the Constitution.”
This is a huge blow to the MDC Alliance which probably was looking forward to return some of its MP that were recalled by MDC-T.
MDC-T has recalled close to 35 MDC Alliance MPs , councillors on accusations of supporting Nelson Chamisa.
Yesterday, MDC-T, through its reinstated secretary general Douglas Mwonzora recalled ten MDC Alliance legislators from Parliament.
He recalled, Dorcas Sibanda, (Bulawayo Proportional Representation) Caston Matewu, (Marondera Central) Lynette Karenyi Kore, (Proportional Rep.) Concilia Chinanzvavana, (Proportional Rep. Zvimba) Susan Matsunga, (Mufakose) Prince Dubeko Sibanda, (Binga North) Vunganai Tarusenga, Eric Murai, (Highfields East) Wellington Chikombo (Glen Norah) and Etheridge Kureva (Epworth).
Commenting on the development in a Twitter post on Friday UK based law expert Dr Alex Magaisa said, “Critics warned that COVID19 would present an opportunity for dictators to mount an assault on democracy. Statutory Instrument 225A effectively banning by-elections in Zimbabwe is living proof of it. Mnangagwa is lifting restrictions in other areas, but not in elections.”
“But the legality of this Statutory Instrument is doubtful. It seeks to amend not only the Electoral Act but also the Constitution the Minister of Health does not have power to do that second, the SI cannot operate retrospectively as it seeks to do. It’s all very clumsy.”
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