CONSTITUTIONAL law expert and law lecturer, Lovemore Madhuku has said the final delimitation report to be produced by the Zimbabwe Electoral Commission (Zec) anytime soon can still be challenged by Parliament or ordinary citizens.
“The delimitation report which Zec comes out with as the
final copy can still be challenged by any ordinary citizen,” said Madhuku, who
is leader of the National Constitutional Assembly leader and a member of the
Political Actors Dialogue, an ensemble of losing presidential candidates in the
2018 elections which often dialogues with President Emmerson Mnangagwa.
“Yes, the parliamentary processes were final, but that does
not mean it can’t be challenged. Anyone, even Parliament itself, can take the
legal route to challenge the report if there are issues of concern. So, anyone
who wants to object to the delimitation report can file a case at the courts,”
Madhuku told NewsDay yesterday.
His comments came as data analysts, Team Pachedu called on
Zimbabweans to demand that Zec be disbanded, describing it as “an elephant in
the room” against credible polls after its preliminary delimitation report was
dismissed by Parliament, political parties and many experts as flawed.
In an analysis of the Zec preliminary delimitation report,
Team Pachedu exposed gross errors in the document, saying it failed to observe
regional and international delimitation standards.
Team Pachedu said if the Zec report goes unchallenged,
disputed elections cannot be ruled out.
Zec is expected to hand over the final delimitation report
next week.
“The spate of disputed elections in Zimbabwe should be put
to rest,” Team Pachedu said.
“Zec is highly culpable for being at the forefront of the
past disputed elections as well as for stifling democracy in Zimbabwe by
failing to fully implement their constitutional mandate. One of the ways
through which disputed elections can be avoided is if the culture of
transparency and accountability can be inculcated at the commission. The
current delimitation leaves Zimbabwe in an impasse of either embracing a
shambolic new delimitation or reverting back to the 2008 sham delimitation.
“We strongly recommend that to stop this never-ending cycle
of disputed elections, and to ensure that future electoral processes at Zec are
conducted fairly, transparently, professionally and constitutionally, every
Zimbabwean should call for the current electoral commission to be held
accountable for their professional malpractice and for their urgent
resignation, disbandment or otherwise for a referendum on the urgent need for
extensive structural reforms at Zec. Unless Zec reforms; disputed elections
will never end.”
Last week, Zec announced that it had officially ended the
delimitation exercise at a time when electoral stakeholders argued that the
irregularities in its preliminary report exposed a deeply flawed process.
A Zanu PF activist Tonderai Chidawa is challenging the Zec
report in court saying it violated the Constitution.
Team Pachedu said lack of professionalism, transparency and
fairness by the Zec officials marred the delimitation process.
“Overall, the delimitation fell short of the minimum
regional and international standards as well as the standards set forth in our
very own constitution. The major conclusion was that the preliminary
delimitation report is a sham as it severely undermines democracy in Zimbabwe
and that Zec in its current shape and form is not technically capable of
handling credible and transparent processes. The major recommendation was for
the delimitation to be rectified inclusively and transparently — time
permitting, but most importantly, for Zec to be held accountable for breaching
the Constitution. Newsday
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