News / National
'Its legally possible to hold election by 29 June,' says Madhuku
12 May 2013 at 07:08hrs | Views
It is legally possible to hold elections by June 29, this was said by constitutional law expert Professor Lovemore Madhuku.
Prof Madhuku said the President could still, if he so wishes, invoke the Presidential Powers (Temporary Measures) Act (Chapter 10:20) which allows him to pronounce any new law even before it has passed the Bill stage.
"The President can amend any statute that is not the Constitution. This means that he can make any new law and amend any law as a matter of urgency even if it is just a Draft Bill.
"This is the topmost fast-track means for him to call for elections by June 29."
Prof Madhuku said it was dangerous to continue delaying elections as the right environment was in place for the polls.
"There is no point in delaying the elections any further. Although June 29 is legally possible, I would say that it is impossible and against all sense of reason to delay elections to beyond July 20," he said.
Constitution Select Committee (Copac) co-chair Munyaradzi Paul Mangwana said.
According to the country's electoral laws, the President should proclaim a date 44 days before an election.
A 14-day period is allowed between proclamation and nomination court sitting while the remaining 30 days lead to the actual polling day. In an interview Mangwana said the two periods are prerequisites to fulfilling the requirement of holding the polls within the first half of the year.
"Technically, the only requirement that is needed for elections to be held in the first of the year is for President Mugabe to proclaim the date for election by Wednesday.
"This will give enough time for the 44-day period required to incorporate the 14 days between proclamation and nomination and another 30 days between nomination and polling day.
"According to the law, these two processes can only occur one after the other and cannot run at the same time." Mangwana said once Senate passes the Constitutional Bill this Tuesday, President Mugabe can swiftly sign it into law to pave the way for the elections.
He added that new laws will also be crafted to effect the setting up of a Provincial Council and proportional representation in Parliament, which are both provisions contained in the proposed new constitution.
"There has to be an amendment to the electoral laws to come up with new Acts that will incorporate these two new provisions. Given the bickering that has now become common in Parliament and the attempts to delay the electoral processes by some of us who are bent on delaying the elections, the timeframe for these Bills to be passed into Acts before June 29 may not be sufficient if we are to factor in another 44 days before the process," he said.
Prof Madhuku said the President could still, if he so wishes, invoke the Presidential Powers (Temporary Measures) Act (Chapter 10:20) which allows him to pronounce any new law even before it has passed the Bill stage.
"The President can amend any statute that is not the Constitution. This means that he can make any new law and amend any law as a matter of urgency even if it is just a Draft Bill.
"This is the topmost fast-track means for him to call for elections by June 29."
Prof Madhuku said it was dangerous to continue delaying elections as the right environment was in place for the polls.
"There is no point in delaying the elections any further. Although June 29 is legally possible, I would say that it is impossible and against all sense of reason to delay elections to beyond July 20," he said.
Constitution Select Committee (Copac) co-chair Munyaradzi Paul Mangwana said.
According to the country's electoral laws, the President should proclaim a date 44 days before an election.
A 14-day period is allowed between proclamation and nomination court sitting while the remaining 30 days lead to the actual polling day. In an interview Mangwana said the two periods are prerequisites to fulfilling the requirement of holding the polls within the first half of the year.
"Technically, the only requirement that is needed for elections to be held in the first of the year is for President Mugabe to proclaim the date for election by Wednesday.
"This will give enough time for the 44-day period required to incorporate the 14 days between proclamation and nomination and another 30 days between nomination and polling day.
"According to the law, these two processes can only occur one after the other and cannot run at the same time." Mangwana said once Senate passes the Constitutional Bill this Tuesday, President Mugabe can swiftly sign it into law to pave the way for the elections.
He added that new laws will also be crafted to effect the setting up of a Provincial Council and proportional representation in Parliament, which are both provisions contained in the proposed new constitution.
"There has to be an amendment to the electoral laws to come up with new Acts that will incorporate these two new provisions. Given the bickering that has now become common in Parliament and the attempts to delay the electoral processes by some of us who are bent on delaying the elections, the timeframe for these Bills to be passed into Acts before June 29 may not be sufficient if we are to factor in another 44 days before the process," he said.
Source - news
