THE Zimbabwe Electoral Commission (Zec) has said only the
court can stop it from filling vacant positions in the Legislature caused by
deaths and recalls on MDC Alliance MPs by the Thokozani Khupe-led MDC-T.
Zec has already advertised to replace proportional
representation MPs re-called by the Khupe MDC-T faction after a March 30
Supreme Court ruling that nullified Nelson Chamisa's leadership of the MDC
Alliance.
Responding to concerns by Zimba-bwe Elections Support
Network (Zesn), which said it was important for Zec to wait until ongoing court
challenges were put to rest, the electoral board said it would go ahead as long
as they had not been stopped.
Zesn chairperson Andrew Makoni said there were two
conflicting judgments issued by the High Court and, therefore, Zec should
withhold filling the posts until all outstanding court cases were concluded.
"This is coming at a time conflicting decisions have
been handed down by different judges of the High court," Makoni said.
"In one case, a High Court judge grant-ed a
provisional order interdicting the re-placement of some recalled proportion-al
representation Members of Parliament and in another, a judge of the High Court
dismissed the urgent application."
These matters have both been appealed, and Zesn believes it
would only make fair administrative justice for an impartial Zec to wait for
final verdicts.
"In both instances, we understand that the matters
have been taken on appeal. In our view, it would have been prudent to await the
finalisation of the appeals in the Supreme Court before initiating the
replacement process," Makoni said.
In response, Zec, however, said it was acting in line with
the law and would be filling the 15 vacant seats, which would see, Khupe, the
MDC-T acting president, bounce back into Parliament to take the role of the
leader of the opposition.
"The Commission has no discretion as whether the
process should or should not commence. Once a notice is given and received by
Zec, as prescribed in section 39(3) of the Electoral Act, the process ... must
be carried out, lest ZEC is in breach of the law," chief elections officer
Utoile Silaigwana said.
The MDC Alliance has already lodged an objection to the
process, saying the MDC-T has no right to replace or even recall members elected
under its name, banner and logo.
Party secretary-general Chalton Hwende wrote to Zec
opposing the proposal to fill the vacant posts by names forwarded by MDC-T
secretary-general Douglas Mwonzora. Newsday
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