President Emmerson Mnangagwa has rushed to announce December 9, 2023, as the date for the holding of by-elections to replace 14 opposition Citizens Coalition for Change (CCC) National Assembly lawmakers who were recalled by Sengezo Tshabangu, despite the matter still before the courts.
The Nomination Court will sit on November 7, 2023.
Styling himself as CCC interim Secretary-General, Tshabangu recalled 14 MPs from Parliament. The party, however, claims Tshabangu is not a CCC member and has since dragged him and the Speaker of Parliament Jacob Mudenda to court.
Mnangagwa on Friday gazetted the Statutory Instrument 188 of 2023, Proclamation 8 of 2023, announcing dates for by-elections.
“WHEREAS, in terms of section 129 (k) of the Constitution of Zimbabwe, the seats of members of Parliament for Beitbridge West, Binga North, Bulawayo South, Cowdray Park, Lobengula- Magwegwe, Lupane East, Mabvuku-Tafara, Mpopoma-Mzilikazi and Nketa have become vacant by reason of ceasing to be members of CCC of Morgan Ncube, Prince Dubeko Sibanda, Nicola Jane Watson, Pashor Raphael Sibanda, Ereck Gono, Bright Moyo Vanya, Febion Munyaradzi Kufahakutizwi, Desmond Makaza and Obert Manduna on 9th October, 2023, who were the elected members of Parliament for the respective constituencies;
“AND WHEREAS it is provided by section 39(2) of the Electoral Act [Chapter 2:13], that after the President has been notified in terms of the said section of vacancies in the membership of Parliament, He shall issue a proclamation ordering a new election to fill the vacancies in the same manner, mutatis mutandis, as is provided in section 38 of the said Act in regard to a general election;
“AND WHEREAS, the Speaker of Parliament notified me on 9th October, 2023 in writing of vacancies for the aforementioned constituencies:
“NOW, THEREFORE, under and by virtue of the powers vested in the President as aforesaid, I do, by this proclamation—
“(a) order new elections for the constituencies of Beitbridge West, Binga North, Bulawayo South, Cowdray Park, Lobengula Magwegwe, Lupane East, Mabvuku Tafara, Mpopoma Mzilikazi and Nketa; and
“(b) fix Tuesday the 7th day of November 2023, as the date on which the nomination court shall sit, commencing at 10 o’clock in the morning…..”
The CCC has already disengaged its remaining MPs, Senators and councillors from government business protesting against the recall of its members.
CCC spokesperson Promise Mkwananzi questioned why Mnangagwa proclaimed the election date when the matter is still pending in court.
“How does one make a proclamation on a matter that is still before the courts unless they know the outcome of the courts beforehand?
“I hope the courts are not in complicit with this constitutional ravage,” he asked.
