This is a standard procedure so that those who nominated
the dead candidate can find an alternative, in effect converting the election
into a by-election for that constituency.
The termination was announced by ZEC chief elections
officer Mr Utloile Silaigwana in a Government Gazette notice.
A nomination court calling for fresh nominations of
candidates for election of a member of Parliament for the said constituency
shall sit on a date to be advised by the Commission, read the notice.
Other candidates that had been duly nominated to contest
for Gutu West Constituency include Cde John Paradza from Zanu PF and Mr Ephraim
Murudu of CCC.
The Electoral Act compels ZEC to defer a constituency
election should a candidate die between the nomination and the poll, or even
while voting is in progress, and must declare that all proceedings relating to
that election were void and all proceedings relating to that election must
start afresh in the same manner as if a vacancy had occurred.
The rest of the candidates already nominated need no fresh
nomination but the living candidates or their agents must notify the
constituency elections officer in writing of their intention to remain a
candidate.”
One lawyer said ZEC had acted within the electoral legal
framework by terminating the elections and in keeping alive the nominations of
the other candidates.
Another Kwekwe-based lawyer, Mr Valentine Mutatu, however
felt that as the candidate was an independent there was no need to terminate
the poll, suggesting that only the death of a candidate belonging to a
political party should trigger the delay so the political party was given an
opportunity to file another candidate in the place of the deceased candidate.
In a related matter, ZEC has gazetted the withdrawal of
three independent candidates from the forthcoming harmonised elections.
The trio are Ms Juliet Chirenje of Goromonzi South
Constituency, Ndinyarei Mupukuta from Maramba Pfungwe Constituency and Owen
Munatsi. Herald
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