THE Zimbabwe Electoral Commission (Zec) yesterday denied
any wrongdoing in suspending all electoral activities over COVID-19 after an
independent electoral watchdog red-flagged the move as potentially illegal and
unconstitutional.
The Zimbabwe Election Support Network (Zesn) said
suspending elections to ostensibly "avoid violating lockdown measures
currently in place" is unconstitutional.
Suspending elections also went against Zec's strategic plan
2019-2024, which calls for consultations and stake- holder engagements before
any such decisions are taken, Zesn added in its analysis titled Zec's
Suspension of Elections Quarantines Democracy.
The Zec strategic plan states that "electoral
stakeholders play a key role in creating public confidence in Zec" and
urges the commission to "institutionalise stakeholder engagement and to
develop an operational culture that makes it responsive to the needs of the
stakeholders".
"In the absence of these consultations, Zec could at
least have considered postponing, rather than suspending electoral activities.
But even postponement cannot be indefinite. Zesn notes that the suspension of
electoral activities was not done in terms of the law," Zesn argued.
"Section 132 allows Zec to change dates, but does not
mandate Zec to change without giving notice of its decision in the Gazette and
in the media and beyond 90 days. Zec should note that any postponement beyond
90 days from the date a vacancy arises as provided for in section 158(3) of the
Constitution is potentially illegal and unconstitutional."
Zec chief elections officer Utoile Silaigwana yesterday
argued the commission acted within the parameters of an emergency health
situation.
"The Zec acted within the parameters of an emergency
health crisis, where it had to look at the safety of the voter, election
observers and others. Under normal situations, we could have done such
(consultations etc)," Silaigwana told NewsDay.
"How do we consult stakeholders without a position? It
is for this reason that we are working on a policy that we will take to the
stakeholders on how to conduct elections during the COVID-19 period."
Opposition parties have cast doubt on Zec's credibility
after crying foul of electoral malpractices it argues have resulted in Zanu-PF
rigging its way to victory.
Zesn said decisions such as suspending elections without
consulting stakeholders further dent Zec's credibility to conduct credible
elections. Newsday
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