The by-elections were triggered by the recall of Citizens
Coalition for Change (CCC) MPs by self-imposed interim secretary-general
Sengezo Tshabangu.
Another set of by-elections will be held on February 3 next
year.
Berias Brian Trust Mari Mari, the complainant, raised
numerous concerns regarding the electoral processes of the December
by-elections.
His central argument hinges on the alleged dissonance
between the by-elections, held on December 9, 2023, and the provisions of the
Zimbabwean Constitution.
“It is common cause that in terms of section 117(1) the
legislative authority of Zimbabwe is only derived from the people of Zimbabwe
and is vested in and exercised in accordance with the Constitution by the
legislature. Without people there is no legislative authority," Mari
complained.
He argued that the by-elections, based on a High Court
order, bypassed the Electoral Act, the law governing elections in Zimbabwe.
“Section 124(2) of the Constitution sets an obligation by
use of the word ‘must’ and there is no second option after ‘must’ that can give
the option of conducting elections of members of National Assembly other than
in accordance with electoral law,” the complaint declare.
Mari also casts doubt on the legitimacy of the judges who
authorised the by-elections, claiming that they lack proper qualifications and
appointments.
“From 22 May 2020 Zimbabwe has no legitimate Chief Justice
or Constitutional Court bench ... These judges are not and cannot be judges of
the Constitutional Court until they retire under conditions of section 86 of
old Constitution,” the document alleges, citing specific constitutional
articles and Sixth Schedule provisions to support his claim.
Justice Isaac Muzenda presided over the Supreme Court
appeal filed by the recalled CCC members after the High Court ruled in favour
of Tshabangu, effectively barring the former legislators from participating in
the polls.
These alleged irregularities, Mari argued, have dire
consequences of disenfranchising voters.
“Any decision made by the High Court setting aside the
decision of the nomination court has no force and is not binding to any voter
... A High Court judgment does not apply to elections and voters and,
therefore, it does not bind any voter at all,” he argued.
He argued that the judges had no legal authority to hear
the matter.
“It is a mockery to our democracy and an insult to have
someone without our judicial authority devising statutes in the name of
directions in order to undermine our right,” he argued.
He implored the commission to investigate the allegations
and take decisive action, including rescinding the by-election order and
ensuring the removal of the allegedly illegitimate Members of Parliament.
“As the last legitimate institution of the State to rectify
this breach ... take note that there is no law that can limit a fair trial and
no one can violate it,” he said. Newsday
0 comments:
Post a Comment