By 
The Movement for Democratic Change Alliance (MDC A) led by Advocate Nelson Chamisa has heavily criticized the recent announcement made by Health Minister and Vice President Costantino Chiwenga to ban elections under the guise of COVID-19 regulations.
On the 2nd of October 2020, the Minister of Health published SI 225 of 2020 which indefinitely suspends the holding of by-elections in Zimbabwe ‘for the duration of the period of the declaration of COV1D-19 as a formidable epidemic”.
“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 force, 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.”
However, the gesture has infuriated the opposition who felt the move was specifically targeted on them.
In a statement, the MDC Alliance said the ban of by-election is unconstitutional as vacant elective offices are to be filled within ninety days.
“The MDC Alliance is deeply concerned with the unconstitutionality of the decision to suspend by-elections. Section 159 of the Constitution requires vacant elective public offices to be filled within 90 ninety days. This constitutional imperative cannot be overturned by subsidiary legislation as the Constitution is the supreme law. The effective banning of elections follows the unlawful recalls of elected representatives from Parliament and Local Government. The will of the people continues to be violated by the illegitimate regime of Mr Mnangagwa,”
MDC Alliance further argues that it is grossly unreasonable to ban by-elections when Covid19 restrictions continue to be eased throughout the country. Various electoral activities are taking place such as internal party elections by ZANU PF and extraordinary congresses by other parties. In the circumstances. there is no justification for the ban.
“We are further concerned that the suspension of by-elections infringes upon the independence of the Zimbabwe Electoral Commission (ZEC). ZEC has a constitutional duty to formulate electoral policies without the direction or control of anyone as set out in section 235 of the Constitution. The actions of the Minister of Health only serve to undermine ZEC’s independence and to use the excuse of CovidI9 to take away the right of citizens to vote and be represented by people of their choosing in Parliament, “
The MDC Alliance calls for the urgent repeal of SI 225 of 2020 and for comprehensive electoral reforms that pave the way for credible elections in accordance with the Constitution.
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