The decision by the Zimbabwe Electoral Commission (ZEC) to withdraw the notice of by-election vacancies for six National Assembly constituencies that were held by People’s Democratic Party (PDP) members, including the party’s former president Tendai Biti are meant to weaken the newly launched opposition Citizens Coalition for Change (CCC), UK based law expert Alex Magaisa has argued.
This comes after the High Court on Tuesday set aside the proclamation that declared the seats vacant.
The High Court also ruled that the previous ruling nullifying the recall of the six MPs effectively stands despite an appeal that was made by former PDP members opposed to Biti and the five MPs.
ZEC chief elections officer Utoile Silaigwana abandoned the vacant notice in Nkulumane, Mbizo, Kambuzuma, Mutasa South, Pumula and Harare East National Assembly Constituencies.
“IT is hereby notified that, following a court order issued in the case of Kucaca Ivumile Phulu and 6 others vs Benjamin Rukanda and 7 others, Case No HCH 106/22, there exists no vacancies in Nkulumane, Mbizo, Kambuzuma, Mutasa South, Pumula and Harare East National Assembly Constituencies,” Silaigwana said in a statement.
These controversial seats are held by members aligned to Nelson Chamisa and his recently launched political party, the Citizens Coalition for Change (CCC).
Chamisa, on Monday dumped the MDC Alliance organization after smaller opposition MDC-T leader Douglas Mwonzora grabbed the name through controversial legal arguments allegedly sponsored by the ruling Zanu PF party.
The main opposition leader invented the CCC and dumped the traditional red colour while adopting yellow and gold.
In lifting the vacant notice in the six constituencies that Chamisa’s members are said to be likely to win resoundingly, Magaisa said Zanu PF wanted to limit the popularity of the CCC that would come with Biti and colleagues’ win.
Magaisa accused the court of being used by Zanu PF to push for this through recalling the vacant notice a day before the nomination court. The court sits today for determination of by-elections set to be held on the 26th of March to fill the vacant seats in the National Assembly and local government.
“When you are dealing with the system, you must always anticipate its actions. When you see ZANU PF admitting defeat in a litigation it is because it sees an advantage, not weakness in defeat. Some are seeking to understand the legal implications of this ZEC notice issues today,” Magaisa said.
“The notice is that by-elections in 6 constituencies & 1 ward have been cancelled. It’s because a court ordered that there are no vacancies. For months, the affected MPs have been shut out of parliament though they had won their case. The system was frustrating them.
“Now, just a day before the Nomination Court, the court makes a ruling in their favour. Since it’s important to call a spade by its proper name, this development doesn’t do CCC any favours at all. To understand it, let me explain how ZANU PF has found advantage in adversity.”
Magaisa added: “All along ZANU PF was happy to frustrate these MPs using legal processes. When ED issued the proclamation for by-elections the affected MPs rightly challenged his move. Now that they won, the system will say the courts are fair. But really ZANU PF is the winner in defeat.”
Magaisa said that the launch of CCC surprised President Emmerson Mnangagwa’s party and that the by-elections in CCC strongholds were “likely to boost its profile and give it momentum.”
“So anything to deflate it will do. That’s why the system is happy to let these 6 constituencies drop out of the race. Why boost your new rival?
“The system sees another problem for the new CCC. It is that the 6 MPs will remain in parliament as the PDP element of the old MDC Alliance. Yet, CCC has just launched as a new entity. It will be awkward for CCC having members that are also still identified as MDC Alliance/PDP
“The last thing that CCC needs in these formative stages is any appearance of division. And the system’s propaganda machinery will sing everyday about this circumstance of MPs who carry a different totem even though they are also CCC. They will concoct conspiracies of division.
Worse, because the MPs are part of the 2018 election matrix, Mwonzora will still get public funds based on their presence in Parliament. If by elections had gone ahead and been won by CCC, that would have changed things and reduced Mwonzora’s funding.
“Of course with hindsight the MPs should not have insisted but they weren’t to know that a new party was on the horizon. Could the case have been withdrawn before or on the launch of CCC? Perhaps. And if so, that could have taken the decision away from the court,” Magaisa said. Nehanda Radio
Makupenga manje its in compliance with court judgement
Yellow
CCC will come out strong.
Thus very true
Its in compliance with court judgement l don’t see any problem with that
Tiger Zindoga are you that naive my brother…since when has zanu pf respected the rule of law. They are choosing to go that route because it creates more confusion.
Verman Nyandoro ‘veecee’ still those guys were going to retain those constituents.
Tiger Zindoga i thought as much initially, but that will only happen under the banner of MDCA which Dougie has hijacked.so if they choose to align with CCC Dougie can recall them
Verman Nyandoro ‘veecee’ They contest under PDP party from their argument which means they were wrongful expelled from parliament
Douglas is free to go ahead and contest the judgement it’s fine but mdc alliance was not a one party like MDC t
Tiger Zindoga yes it’s in compliance with the court judgement but not in compliance with the presidential proclamation declaring the seats vacant for by-elections.
Webster Goredema they changed the judgement again nhasi late afternoon hanzi they are vacant position kkk
Vana Magaisa apa pfungwa dzagayisa nhema apo.Izvi zvabva mudare kwete parally.Dzoka kumusha uzonyatsoona zviri pandima kwete kuita zvekuudziwa
How is it weakened? This baby is NEW, were we cant contest a by-election now, we will in 2023. Don’t… https://t.co/wFuHJGBiV3
If the MPs mean good,they should just resign coz i dee that evil guy recalling them after by elections for associating with the CCC
Already CCC has -5 seats coz those guyz will be recalled by Mwonzora for joining CCC.The courts and ZEC are captured and they collaborate.Ihuku nedhadha helping each other in the same homestead.Chatadza kumedzwa nehuku chinomedzwa nedhadha.
It just shows how stupid and evil the people behind this are. Mwonzora knows that there is no way the holders of those seats will accede to his leadership. This will take us back to square one. What does both zanu and Dougie benefit from people not having representation in parliament baffles the mind.
Mwonzora cant recall these they are PDP only a PDP party member with powers to do so will. Zanu pf will Buy someone to do so pana ana Chamisa na Biti havapererwe ndirini ndaidzokera ku PDP talk to whoever matters to adopt a resolution that PDP members are infact Part of CCC and when.thatnus resolved at party level there is noone to oppose it.
Mugabe Elias Good insight if it surfices at law
Obert Manyofa in this case the courts have no jurisdiction over party resolutions it only comes in when there are problematic areas within party laws so pdp ought to be clear on their own constitution. Otjerwise handioni chakaipa what we should be afraid of is those 6 maybe bought with money to frustrate CCC
Educate me on this one:
1. The reason for zec not to hold by-elections is that there is a court order where the incumbents won against their recall. Does that not mean the holders will continue in parliament??
2. If that is the case why then is it a disadvantage to the CCC?
3. Does it mean the 6 constituencies now belong to the hi-jackers(Dougie)?
Finally as my personal opinion why make a fuss about 6 seats that will only be held for a few months. Advisably the CCC just need to make its inroads and ground work in those constituencies in preparation for 2023. This parliamentary term is already disrupted.
Verman Nyandoro ‘veecee’ good questions, but two points that I have noted from Magaisa are that these by elections are a litmus test for the CCC party, if elections were to be held in these constituencies the definite outcome was CCC grabbing these seats, giving firm legs to the new born babe. Secondly, with these candidates still to remain under MDC Alliance that means Mwonzora will continue to benefit (financial) under the Parliamentary share …
Thats shows CCC rocks
Don’t agree with this analysis.PDP instituted these court cases well before any proclamations.What was the courts supposed to do when Rukanda lost his Supreme Court appeal?
U.S ngaibatsire vanhu nezvombo this time we are ready to fight Zanu pf regime physically
Tafirenyika Mabhunu Mhofu I second u kudhara tabirwa vote m sure these were some of e reasons y zanu and zapu joined forces ti fight the white oppresser, ts high time we fight for e future of e generations to come
ZEC is, and has always been an organ of the ruling party. Remember that.
Ichi ichokwadi Dai chamisa asina ku former new party court yatoita rule yekuti vaite ma by election so they avoid kut CCC ive ne ma mp akati wandei pa by election ipapa then vamwe vachiri vari mu parliament on mdca ticket vanodzingwa aftr election
Chamisa akataura wani kuti ma MP ari mu Parliament vanoramba vachishanda asi kana pane vanoda kuvadzinga vanogona kuita sekuvona kwavo
And he is right
Chitima cheshanduko hachizi kuzomiswa nani asiri Mwari, Mwonzora Ave mudustbin kutaura kuno