News / National
Mugabe may invoke his powers to fast-track the Electoral Act
10 Jun 2013 at 04:32hrs | Views
THE President may have to invoke his powers as enshrined in the Presidential Powers (Temporary Measures) Act Chapter 10:20 and ensure that amendments to the Electoral Act, set to be discussed in Cabinet tomorrow, are quickly passed to comply with the July 31 election deadline.
Legal experts yesterday said considering the tight timeline arising from the Constitutional Court judgment, there was no need for the amendments to be taken to Parliament if they were approved by Cabinet.
National Constitutional Assembly chairperson and University of Zimbabwe Law lecturer Professor Lovemore Madhuku said it was "useless" to follow the parliamentary route, yet it was clear that Parliament would simply rubber-stamp Cabinet's decision.
"Once Cabinet endorses the amendments, we know Parliament will just rubber-stamp that decision," he said.
"As such, there is no need to wait for the parliamentary processes because what is crucial is the endorsement of the proposed amendments by Cabinet.
"It is just a matter of style and not substance on which route to take. The President can gazette the amendments into law after Cabinet on Tuesday afternoon using the Presidential Powers (Temporary Measures) Act Chapter 10:20 and on Wednesday or Thursday he can proclaim election dates."
Prof Madhuku said those who argued that it was impossible to meet the July 31 deadline to hold harmonised elections were mistaken.
He said as long as the President ensured that people who registered during the mandatory 30-day voter registration exercise were allowed to vote, he would be complying with the Constitution.
"Those people are wrong because they are assuming that the country should have a 30-day voter registration after which there should be a 14-day notice for nomination court to sit followed by 30 days that should lead to the elections," said Prof Madhuku.
"For the purposes of this particular election, voter registration must close after nomination because nomination must take place by latest on July 1, yet registration is extending to July 9.
"The President must provide in his proclamation an amendment that the voters' roll will close on or about July 10.
"Even voters' roll inspection can still take place after nomination. In the past, the voters' roll used to close 24 hours before nomination day and that is what needs to be amended."
Prof Madhuku said the only people that could be prejudiced were those who wanted to contest as candidates and were not registered.
He said in any case, such people do not exist because for one to contest as a councillor or Member of Parliament, they should have at least 21 years and 40 years to be a President.
As such, Prof Madhuku said, it means all prospective candidates are not first-time voters.
Prof Madhuku reiterated that it was important for the country to comply with the Constitutional Court ruling.
"Compliance with the Constitutional Court ruling is a must for the purposes of ensuring that we build a constitutional democracy," he said.
"There are many legal ways of complying and the most significant step remaining is Cabinet approval of the proposed Electoral Law amendments."
Prominent Harare lawyer Mr Jonathan Samkange said the President can use powers vested in him to call elections any day.
He, however, said the role of Parliament in the process should not be underestimated.
Mr Samkange said Parliament was supreme in that it makes laws which the courts then interpret.
"We are not ruling the country by the rule of decree, so its parliamentary democracy," he said.
"Cabinet makes recommendations to Parliament and Parliament will either accept or reject the proposals.
"If the proposals are rejected, it means that Cabinet has to go back to the drawing board and formulate new acceptable amendments.
"Parliament is not bound by what the courts say. They (parliamentarians) make laws, rules and even establish the courts and that is why we have the Constitutional Court."
Analysts said it was important for Cabinet to immediately make a decision on the matter given the country is only left with 41 days before harmonised elections are held.
The Constitutional Court ordered that harmonised elections should be held by July 31.
The ruling was made in a case in which the executive director of the Centre for Elections and Democracy in Southern Africa Mr Jealousy Mawarire filed an application seeking an order compelling President Mugabe to proclaim election dates before June 29 when the life of the Seventh Parliament expires.
The nine-member panel of judges that heard the matter concurred with the ruling, with only two dissenting opinions by Justice Luke Malaba and Justice Bharat Patel.
Legal experts yesterday said considering the tight timeline arising from the Constitutional Court judgment, there was no need for the amendments to be taken to Parliament if they were approved by Cabinet.
National Constitutional Assembly chairperson and University of Zimbabwe Law lecturer Professor Lovemore Madhuku said it was "useless" to follow the parliamentary route, yet it was clear that Parliament would simply rubber-stamp Cabinet's decision.
"Once Cabinet endorses the amendments, we know Parliament will just rubber-stamp that decision," he said.
"As such, there is no need to wait for the parliamentary processes because what is crucial is the endorsement of the proposed amendments by Cabinet.
"It is just a matter of style and not substance on which route to take. The President can gazette the amendments into law after Cabinet on Tuesday afternoon using the Presidential Powers (Temporary Measures) Act Chapter 10:20 and on Wednesday or Thursday he can proclaim election dates."
Prof Madhuku said those who argued that it was impossible to meet the July 31 deadline to hold harmonised elections were mistaken.
He said as long as the President ensured that people who registered during the mandatory 30-day voter registration exercise were allowed to vote, he would be complying with the Constitution.
"Those people are wrong because they are assuming that the country should have a 30-day voter registration after which there should be a 14-day notice for nomination court to sit followed by 30 days that should lead to the elections," said Prof Madhuku.
"For the purposes of this particular election, voter registration must close after nomination because nomination must take place by latest on July 1, yet registration is extending to July 9.
"The President must provide in his proclamation an amendment that the voters' roll will close on or about July 10.
"Even voters' roll inspection can still take place after nomination. In the past, the voters' roll used to close 24 hours before nomination day and that is what needs to be amended."
Prof Madhuku said the only people that could be prejudiced were those who wanted to contest as candidates and were not registered.
He said in any case, such people do not exist because for one to contest as a councillor or Member of Parliament, they should have at least 21 years and 40 years to be a President.
As such, Prof Madhuku said, it means all prospective candidates are not first-time voters.
Prof Madhuku reiterated that it was important for the country to comply with the Constitutional Court ruling.
"Compliance with the Constitutional Court ruling is a must for the purposes of ensuring that we build a constitutional democracy," he said.
"There are many legal ways of complying and the most significant step remaining is Cabinet approval of the proposed Electoral Law amendments."
Prominent Harare lawyer Mr Jonathan Samkange said the President can use powers vested in him to call elections any day.
He, however, said the role of Parliament in the process should not be underestimated.
Mr Samkange said Parliament was supreme in that it makes laws which the courts then interpret.
"We are not ruling the country by the rule of decree, so its parliamentary democracy," he said.
"Cabinet makes recommendations to Parliament and Parliament will either accept or reject the proposals.
"If the proposals are rejected, it means that Cabinet has to go back to the drawing board and formulate new acceptable amendments.
"Parliament is not bound by what the courts say. They (parliamentarians) make laws, rules and even establish the courts and that is why we have the Constitutional Court."
Analysts said it was important for Cabinet to immediately make a decision on the matter given the country is only left with 41 days before harmonised elections are held.
The Constitutional Court ordered that harmonised elections should be held by July 31.
The ruling was made in a case in which the executive director of the Centre for Elections and Democracy in Southern Africa Mr Jealousy Mawarire filed an application seeking an order compelling President Mugabe to proclaim election dates before June 29 when the life of the Seventh Parliament expires.
The nine-member panel of judges that heard the matter concurred with the ruling, with only two dissenting opinions by Justice Luke Malaba and Justice Bharat Patel.
Source - herald
