ERC, citizens react to calls for election postponement

Grace Moyo

Think tank and advocacy organization on electoral and democracy issues in Zimbabwe, Election Resource Centre (ERC) says calls by some election stakeholders for the suspension of elections are a violation of the the constitution.

In a Video dated 9 April, preacher, Dr Ian Ndlovu said he had spiritually “sneaked” into a meeting of “elders” of the country whose plans to stall the elections were at an advanced stage. Dr Ndlovu warned the elders not to walk that path as it could have grave consequences for the country.

Movement for Democratic Change (MDC-T) leader Douglas Mwonzora is seeking the nullification of the Zimbabwe Electoral Commission (ZEC) delimitation report in the Constitutional Court, which he says  was done unprocedurally.

Last week Mwonzora was victorious following the Court’s determination that his urgent chamber application be heard on an urgent basis. A bench chaired by Paddington Garwe ruled that his delimitation challenge has merit and as such must be heard by a full bench. 

Notably, Norton Member of Parliament, Temba Mliswa appeared to advocate for the suspension of elections to pave way for a transitional authority.

“Some have called for a National Transitiona Authority. Its a realization that elections may no longer be the answer to the Zimbabwean question. The processes of democracy are not adequate in themselves but are meant to meet specific socio-economic basics for the people,” he tweeted in a long Twitter thread.

It is against this background that the ERC contends that the elections cannot be suspended as doing so would be a brazen violation of the constitution’s clearly laid out timelines in relation to  elections. The organisation said suspending elections would be undemocratic as it would violate Zimbabweans right to vote and could lead to a legal lacuna.

“Suspending elections denotes a move away from the hard deadline spelt out in the Constitution where the terms of office of elected officials end on 26 August 2023. This is a threat to Zimbabwe’s constitutional democracy,” the organisation said.

“Should the elections get suspended, this could lead Zimbabwe to legal lacuna (gap) as there is no extension provision regarding terms of office. Additionally, the ERC would like to reiterate and make it clear that the Constitution is explicit and peremptory in that, where the delimitation report is not completed six months before an election, or where it is deemed unconstitutional, the old boundaries ought to apply for that election and does not envision a suspension of elections,” they said.

ERC said there is no legal basis that provides for the current government to lawfully be in office  post-26 August 2023.

“The constitution makes it clear that power should be acquired only through a periodic election conducted every five years, and the term of office of elected government officers is strictly five years. There is no legal basis that will allow the current government to legitimately remain in power post 26 August 2023, therefore any proposed suspension of the 2023 Harmonised Elections poses a bthreat to Zimbabwe’s democracy,”  said the organisation.

Zamani Mpala of Makwika in Hwange is also of the opinion that elections should be suspended. 

“We have always gone to the polls religiously but have gained nothing from them as a country, nothing has changed economically. The election periods are also fraught with violence and more sanctions are imposed post-elections. It’s a vicious cycle. Elections are very divisive and should be shelved,” he said.

However, Nqobile Sibanda differed as she said what needs to be done is to ensure that free and fair elections are conducted.

“Electoral disputes are a result of lack of transparency and partisanship on the part of ZEC. The electoral body, the government, regional bodies and other stakeholders must see to it that we have free and fair elections. Postponing an election is not an option because it is our right to vote,” she said.

According to Section 158 of the constitution, a general election must be held so that polling takes place not more than thirty days before the expiry of the five-year period specified in Section 143 of the same.