THE ongoing debate about by-elections in Zimbabwe has attracted a lot of attention. The Movement for Democratic Change party is blaming Zanu PF for not acting according to the spirit of the MoU signed earlier this year and the power-sharing agreement signed on September 11, by “calling these by-elections".
Tendai Biti issued a statement saying there is “no deal yet”. MDC President Morgan Tsvangirai said: “No Home Affairs, No Deal” at a recent rally. So which agreement should be respected by calling off the by-election? That is on the political front.
On the legal front the Zimbabwe Electoral Commission (ZEC), by law, has to call the six by-elections. It is the only body mandated to call an election in Zimbabwe.
Clauses in the power-sharing agreement (a political document) are not yet enforceable at law as they need Amendment No 19 to be incorporated into the Zimbabwean Constitution.
A clause in the power-sharing agreement, imposing a one year moratorium on by-elections, is not yet an Act of Parliament. Political analysts say ZEC must follow the spirit of the agreement not necessarily the law. This is a violation of the law!
The only anomaly is in Section 39 of the Electoral Act which states that a by-election must be called for by the President, by a proclamation which should be gazetted within 14 days of the President having been notified of a vacancy. That proclamation was not made, but that does not mean that ZEC should tacitly comply with the power-sharing agreement, especially if one of the parties to that agreement says it is not yet tabled.
The President, by not issuing the Proclamation could have assumed that the agreement would be in place sooner, rather than later. The legal loophole will still have to be filled by that Proclamation, after the 14 days. There is no other constitutional way to deal with it.
MDC spokesman Nelson Chamisa said Zanu PF “unilaterally called by-elections despite the agreement,” but also says there’s no agreement yet. Zanu PF (as a party) does not call an election, should not call an election.
Constitutionally, Zimbabwe cannot be run on a political agreement of three parties: Zanu PF and the two MDC formations unless they amend the Constitution in Parliament. As it stands, they have the capacity, but only through Parliament.
Other registered political parties and independent candidates are legally entitled contest those by-elections and not just the MDC and Zanu PF, so why should these two parties determine whether or not they are contested (on the basis of a political agreement)?
The supreme law of the land is still the Constitution (as it stands).
The political agreement between Zanu PF and the two MDC formations is not law (at least not yet).
The ZEC – to maintain its independence – has to call the by-elections to fill the six current Parliamentary vacancies – on behalf of the Zimbabwean people (in those constituencies) who deserve representation. Otherwise ZEC will be disenfranchising those people.
The by-elections could well be won by independent candidates who are neither MDC nor Zanu PF or representatives of other registered political parties.
The power-sharing agreement could also take a long time to be signed meaning that these Constituencies will go without representation for that period. These constituents need representation just like other constituents in the country.
n/a • n/a Subject: n/a Mon, 03 Nov 2008 15:36:45 • Omuhle is not an individual but a group of people from all over Zimbabwe. There are Ndebele, Kalanga, Shangani, Korekore, Karanga and other minority tribes and clans in there. They are all distinguished by the fact they went to university and have poole their resources to invest in Zimbabwe. These guys are organised. Read the companies website and see the shareholding structre and their investments to date. You guys are busy wasting time commenting on this website whilst others are making money. The day Zimbabwe sorts out it's mess you guys will find out who or what Omuhle is and you will drop your jaws in shock and turn green with envy. Itayi mari vapfana, basa rekuchengeta ndebvu panekuchengeta mari, makaita sei?
n/a • n/a Subject: n/a Mon, 03 Nov 2008 11:30:55 • Omuhle is female. Please dont use a 'he' but a 'she'.
Why do you want to anger some people?
Blaze • blaze@live.com Subject: ZEC Sun, 02 Nov 2008 17:37:57 • ZEC is zanu pf just see how it runs elections! Reconuting ballots before any one complained since the resulsts were not released why ?Simple the master had lost!!!!!
kayceedunn • n/a Subject: zimba 4 lyfe Fri, 31 Oct 2008 22:58:13 • no buy one get one free will ever make me change my citizenship,i was born to be a zimba ,coulda neva denounce dat.
SuperT • n/a Subject: Omuhle Fri, 31 Oct 2008 17:33:04 • There you go again Omuhle on your traditional hypothesised rant. I reject the notion that everyone who holds a viewpoint different from yours is called a ZANOID. Whatever that means. Need I say more? Good luck mate. No hard feelings.
Zimbabweans will chart their own destiny and I am and will forever be part of them. That is the significance of the difference.
Ndatenda / Siyabonga
N/A • N/A Subject: BY-ELECTIONS Fri, 31 Oct 2008 16:59:57 • The naivety of Omuhle is unbelievable. Is he not aware that there is a scramble for control of African resources at the moment? Omuhle does not believe that there is an imperialist agenda at play in any of the conflicts in Africa or anywhere else. Does Omuhle think that the invasion of Iraq was about bringing democracy to the country? Former Fed boss Alan Greenspan is on record that the invasion of Iraq was all about control of Iraq oil. The US,UK and EU fight over Zim is not as noble as they want you to believe.Forget about democracy, rule of law and human rights. The real objective is the control of Zim resources.
The West is fast running out of money and is busy printing money out of thin air or borrowing from East (http://business.timesonline.co.uk/tol/business/economics/article5034215.ece.) China is bankrolling US to the tune of 1trillion dollars.Barclays is looking East to borrow some money (£7.3 billion) from Qatar and Abu Dhabi to shore up its finances (Times on line http://business.timesonline.co.uk/tol/business/industry_sectors/banking_and_finance/article5053226.ece
IMF is also mulling of printing money out of thin air to shore up East European economies that are now crumbling. Everyone else (including the West) is now looking to the East for a financial rescue package except the MDC-T of Zim who still think the West is rolling in dosh which clearly is not the case. Remember the West's globalisation's mantra that you locate your factories in low-wage countries (exploitation of the workers) and sell the products in high wage countries. The low wage countries are now the ones with healthy reserves (1.9 trillion US dollars for China compared to 231billions US dollars for the whole EU. Who is laughing all the way to the bank now? That is why people like Omuhle need to look at the bigger picture instead of seeing everything through their obvious hatred for everything that is Zanu-PF. Nobody begrudges Omuhle his foreign citizen credentials if that is what he desires.However, a word of advice to Omuhle is that his foreign citizenship does not bestow him the same rights as one that is obtained through birth in that particular country.It can be revoked at any time.
Since Omuhle is no longer a Zim, maybe he should concentrate more on the politics of his adopted country and leave Zim's to patriotic Zimbabweans.
As for the by-elections, these should be held according to the current constitution of Zim. The MOU has no recognition under the current constitution unless Article 19 is ammended. As a result of educational empowerment (courtesy of Zanu-PF and President Robert Mugabe's educational policies), patriotic Zims are very aware of the machinations of the West with regards to the Zim issue. Patriotic Zims are very aware that the MDC-T is a creation of the West in order to effect regime change.The purpose of the West's imposed sanctions (which MDC-T called for) are primarily to impoverish and starve the people of Zim into submission. A party (like MDC-T) that calls on foreign powers to impose sanctions that devaste the lives of its own supporters and others cannot call itself a democratic party. The party should be renamed the Movement for the Destruction of Zimbabwe (MDZ).
Omuhle • n/a Subject: n/a Thu, 30 Oct 2008 22:18:56 • SuperT, there is no destiny you are charting. You are sheeps been led by the wolves in ZANU PF. In this day and age you actually believe there is a fight going on against imperialists? Get real! Who is the fool here?
How can you claim I have an inferority complex? Does this imply anyone who can live with a white man without violence or name-calling has an inferiorty complex? Should I be a racist and war-mongerer like you and other ZANOIDS in order to say I am a man and I am proud to be Zimbabwean?
Like someone once said - ZANU PF is a liberation war party but the war is now over. they need to change and re-invent themselves or else they are of no relevance to the people.
Clearly they have decided not to change and instead want the country to remain as it was. They have lost relevance to me and mine so rather than force matters and be forced into armed conflict like the rest of Africa, I will let them be.
Reminds me of the big bully who confronted a smaller boy in the corridoor and growled - I don't step aside for idiots - to which the smaller boy replied - I do!.
So SuperT, do not for a minute fool yourselves that what is going on is charting your own destiny. You are one of the herd been led where you don't know and with no idea how to stop it if it turns sour. You cannot say what is right or wrong. You simply accept that as they are more powerful than you are they can do with you as they wish. You cling onto Zimbaean citizenship with no tangible gains for it. You do not even begin to question what citizenship should meand and your rights as a citizen. You are one of the led. Never taking initiative and striking out on your own.Shame!
n/a • n/a Subject: Get serious Thu, 30 Oct 2008 22:07:40 • All of you are not even in Zimbabwe. If things get worse you will do what Omuhle has decided to do. That is if you have some qualification you can offer to the host country. Otherwise if you are just assylum seekers and carers you have nothing to offer hence cannot do this hence you denigrate him and paint him as the bad guy. Let's get serious gents, kana Itayi chaiye is in London 'eating pounds'. I don't blame him for thinking of himself. 10 years is a long time to wait for change. Kids are now almost in their teens and we still hapr on about a country which is gone to the dogs.
Siyayi vatonge.
SuperT • n/a Subject: Congrats Omuhle Thu, 30 Oct 2008 21:11:18 • You have now been rewarded for all that parroting you did on this site for your masters. Do not get me wrong. It is your democratic right to change your citizenship.
However, what is deplorable about your case is that you had to parrot, denigrate and vilify your country for it. How different are you from those who go and invite sanctions to be imposed on the country so that they can gain power?
I also sense an inferiority complex in your statement that you are now contributing as an equal in a fair and lawful society simply because you changed your citizenship. It is people like you who can do anything in this world to gain foreign citizenship who are unhelpful to the Zimbabwe we want.
Now that you are a non-Zim citizen, I hope that you will leave us to chart our destiny without unwarranted interference.
Good Luck in your new citizenship.
I rest my case
Ndatenda / Siyabonga
Mhofeti • pasizw@yahoo.co.uk Subject: By Elections Thu, 30 Oct 2008 19:09:25 • Good for you Omuhle for finding citizenship elsewhere and now that you are now contributing as an equal in a fair and lawful society maybe you can leave Zimbabweans to also sort themselves. How practical is your advice for the whole nation to emigrate? Who knows by the grace of God we may be like your new society if only outsiders assist rather than throw the spanner in the works. Of course it feels good to say I told them so and that's why I left doesn't it Omuhle?.
Omuhle • n/a Subject: n/a Thu, 30 Oct 2008 14:47:28 • Funny how those in glass houses want to throw stones huh?
How can you claim observance of law when it comes to by-elections yet weve seen you ignore the same laws of the land when it came to hearing legal challenges to the elections, violence against people, neglegence by the police and many more.
Zimbabwe is nothing but a country club for ZANU F. Let them rule til they get it right. I urge all eople to leave if you can. Nothing is changing soon. Regional heads of state came to Harare and not one of them had the balls to tell Mugabe the assort fiasco was embarassing for them. None of them has voiced out concern about the hunger afflicting people. Do you think if Mugabe gets money from SAC states now he will bother to send it on people who have rejected him? They will simply enrich themselves and leave the eole to starve and queue up all day. I lost all hoe for my country and have sought citizenshi elsewhere and am contributing as an equal in a fair and alwful society. Why should I hold to Zimbabwe whn clearly Mugabe wants it for himself. Give it to him. let him do as he wishes.
SuperT • n/a Subject: By elections Thu, 30 Oct 2008 11:17:32 • By elections should go ahead because the principle of democracy has to be upheld. The agreement not to stand against each other is between three parties and cannot hold other parties who are not part of the agreement to ransom. By-elections must go ahead in order to accord the people from the affected constituencies their constitutional right to choose political leaders of their choice.
The supreme law of the country requires ZEC to call for by-elections period. To suggest otherwise is a travesty of justice. Besides the so called agreement at present is nothing but a fertile figment of the imagination at law. In its current form the agreement is not enforceable at law. Editor, please keep updating the masses on legal matters. This is commendable and enriching.
I rest my case.
Ndatenda / Siyabonga
Azaria • n/a Subject: n/a Thu, 30 Oct 2008 08:23:14 • Constitutionally by election should be called and be made. Why,- ZEC should go ahead and perfom their mandate. There is no reason why a party should fail to recoup its seat in the by election. Ndiani arikutya? Arikutyeiko?
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