The Zimbabwe Electoral Commission (ZEC) is crafting an
operational framework to pave way for the “safe resumption” of by-elections
following an indefinite suspension of all electoral activities.
Restrictions on public gatherings and observance of
social-distancing guidelines meant to prevent the spread of Covid-19 have made
it impossible to conduct conventional elections.
In a statement to The Sunday Mail, ZEC chief elections
officer Mr Utoile Silaigwana said the suspension of by-elections was in the
interest of public health.
“Section 239 (a) of the Constitution of Zimbabwe requires
ZEC to prepare for conduct and supervise elections, and to ensure that those
elections are conducted efficiently, freely, fairly, transparently and in
accordance with the law,” said Mr Silaigwana.
“Given the concerns over the Covid-19 pandemic and the
declarations made by the President (Emmerson Mnangagwa), it was not possible
for ZEC to conduct free, fair and transparent elections which guaranteed the
political rights envisioned in Section 67 of the Constitution.
“ZEC accedes that there is no explicit provision in the law
which grants it powers to suspend or postpone elections, but the decision was
made in the public interest to ensure the upholding of public safety and public
health as envisioned in Section 86 of the Constitution of Zimbabwe.
“The Commission is operational and currently working flat
out to craft a policy that will protect voters and staff from contracting
Covid-19 while upholding their constitutional rights.”
The obtaining lockdown, which limits freedom of movement
and assembly, “would also have undermined the freeness and fairness of
elections”.
“It is pertinent to note that the election process involves
relative close physical contact between election officials and voters,
including the exchange of ballot papers and inking of thumbs.
“At the end of the voting process, ballot papers must also
be counted.
“Where an infected voter or electoral official has handled
a ballot, this will present an opportunity for cross infection of officials and
voters involved in the voting process,” said Mr Silaigwana.
The electoral commission, he added, had an obligation to
protect both electoral officers and voters.
In the event of holding a by-election, there would be a dilemma
for electoral officers whether to turn away or allow a voter who exhibited
coronavirus symptoms to cast the ballot, he said.
“Would this not have undermined such people’s political
rights as enshrined in Section 67 of the Constitution?” asked Mr Silaigwana.
“ZEC’s statement was not issued in terms of Section 132 of
the Electoral Act, but in line with national policy and interest.”
Legal think tank, Veritas, however, recently published
legal opinion concluding that the suspension of by-elections was unlawful in
the absence of an order by the Electoral Court or an announcement through a
Government Gazette. Sunday Mail
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