Prof Moyo was speaking at Asakhe Online X Space, on
Tuesday, where he gave a review of the nomination court sitting on Monday to
receive nomination papers for candidates who will run in the upcoming
by-elections on February 3, 2024.
Admore Chivero, Willard Madzimbamuto and Oliver Mutasa
filed as independent candidates respectively in Chegutu West, Seke and Zvimba
East, while the other three recalled candidates – Gift Ostallos Siziba, Stephen
Chagwiza and Amos Chibaya who filed as CCC candidates.
Siziba holds a party office as national deputy
spokesperson, while Chibaya is the acting organising secretary.
Prof Moyo noted that the decisions made by the CCC
candidates are guided by section 129(1)(l) of the Constitution of Zimbabwe,
which speaks to candidates who run either as independent or under party
banners.
He said the clause allows for the party to recall a member
who would be no longer serving the interest of the party and for those who
would have been elected as independent, they can be recalled by
individuals.
“The clause gives the party the power to recall. If you no
longer behave by the party provisions you will be recalled. The previous batch
of MPs were stubborn and decided to seek re-election under the same party and
they were removed from the ballot. At the nomination court on Monday, some
submitted their papers as independent candidates, which introduces us to the
other side of the provisions of this clause,” Prof Moyo said.
“The second side deals with candidates who are not
sponsored by the party but are nominated by either the ward or constituency,
depending on the seat they would be vying for. When the constitution was
adopted and this provision (129) was debated, some mischievous opposition
people started asking how to deal with people who get nominated and elected as
independents, but then cross the floor while in office to join political
parties. That was how 129(1)(l) was introduced. It states that if you are
elected as an independent and later join a party, you can be recalled by
literally anyone who petitions the parliament.”
Prof Moyo explained that by holding party offices, Siziba
and Chibaya could not take the route of filing as independent candidates.
“This is where these recalled candidates are now. It is a
problem for people like Siziba and Chibaya to file as independent candidates.
If you are identified as a spokesperson of a political party or a chief
communications officer, and then you come and register as an independent party
it cannot work. This is why they did not do it. Those who did it, they are not
office bearers, but they can claim to cooperate with CCC Chamisa,” Prof Moyo
explained.
“Chamisa’s party has hit the end of the road. CCC has
split, it is now two parties. The court order that was recently passed which
led to candidates being removed from the ballot, was not a general declarator
but it is relevant to them.
“They are going to be removed from the ballot paper. If you
decide to defy court orders and file under a party that recalled you, ZEC will
let you be because ZEC does not want to participate in the squabble. But ZEC is
a rule-bound constitutional body which is required to do everything it does in
the conduct of elections by the law.” CITE
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