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The Zimbabwe Electoral Commission (ZEC) has technically handed over by elections decision to the Minister of Health and Child Care, Vice President Constantino Chiwenga citing that it cannot override an Executive mandate.
Chiwenga early last month amended Covid-19 regulations to stop the holding of parliamentary and municipal by-elections initially set for December 5.
The Public Health (Covid-19 Prevention, Containment and Treatment) Regulations 2020 was amended to say that “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 declaration of Covid-19 as a formidable epidemic disease, suspended…”
The ban announced by Vice President, who also doubles up as Health and Child Care minister Constantino Guvheya Chiwenga coincided with a controversial mass recall of MDC Alliance legislators and councilors by Thokozani Khuphe led MDCT party.
Before Chiwenga’s announcement ban through a statutory instrument, the Zimbabwe Electoral Commission (ZEC) had initially announced that by-elections to fill the recalled parliamentarians and councilors seats will be held on December 5.
The ban was regarded by various critics as a gesture to stifle democratic space.
In a latest revelation during a media training workshop organized by ZEC Wednesday in Darwendale, the electoral board chairperson , Justice Priscilla Chigumba said the commission was only a regulatory body with no power to make policy or challenge those in authority.
“The role of ZEC is persuasive, when I say persuasive, from the Constitution to the Electoral Act, to the regulations our role is only to make recommendations to the Executive, there is nowhere we are given a mandate, firstly to make regulations on our own behalf. Secondly to make law, we make recommendations to government to the executive, to the line ministry which is the Ministry of Justice that’s the first very important point,” she said.
Chigumba, further said they are bounded by what emanates from the Parliarment and everything is subject to change if anything does not suit stakeholders requirements.
“We are a commission which administers electoral law which emanates from Parliament, now if our stakeholders are unhappy with our mandate; it is up to them to buttonhole those in Parliament to change our mandate.
She added that the electoral board has already done its part according to the law and they did not go beyond making recommendations.
“My role starts and ends on making recommendations. Having put these recommendations we made them to the President, he took our recommendations into account, he consulted other stakeholders including the Ministry of Health, I was not privy to the discussions between him and the Minister of Health, but I would like to assume that His Excellency using his executive powers and in his wisdom saw it fit to say by-elections cannot and should not be held during the course of this year.”
However, the Zimbabwe Human Rights Commission has however issued a statement and challenge ZEC saying it could compromise its integrity and independence as stated by the constitution
“According to s235 (1)(a) of the Constitution, “Independent Commissions are independent and are not subject to the direction or control of anyone”.
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