'Mugabe will not be persuaded to violate the constitution,' says Charamba

FIVE political parties that met in Harare last week pressing for so-called reforms before elections have written to the President urging him to defy the Constitutional Court ruling compelling him to proclaim election dates and hold harmonised elections by July 31.

The parties are MDC-T, MDC, Mavambo Kusile Dawn, Zapu and Zanu Ndonga. However, Presidential spokesperson Mr George Charamba yesterday said although he was not sure as to whether or not the President had received the letter, Mugabe would not be persuaded to violate the laws of the country.

In their letter dated June 10 2013, the parties said although they accepted the ruling, it was impossible to comply with it without violating certain provisions of the Constitution.

"For instance, if the order is to be complied with, a proclamation must be done by 16th of June, a mere six days from today and yet the law under which candidates for Senate and Provincial Councils are to be elected is not yet in place. If such a proclamation were to be made before such laws are in place, it would be an unlawful proclamation.

"We have a recent precedent in which you were twice granted an extension of time to proclaim dates for the holding of by-elections when the Supreme Court had ordered you to do so by a given date," reads part of the letter.

The parties said they shared a common vision of a stable, democratic and prosperous Zimbabwe and were committed to participate in elections.

They also raised their usual claims of security sector and media reforms, adding that they hoped that the reforms would be implemented in compliance with Sadc Principles and Guidelines on the Conduct of Democratic Elections.

Responding to the letter yesterday, Mr Charamba said: "I am aware that there has been a document posted to the President although I cannot confirm that he had received that yet.

"Whatever the content of that document is, it must be remembered that the President is not about to be encouraged to be in breach of the laws of the country.

"It must be remembered that the country has upwards of 29 political parties and a mere five cannot claim to be representing the people of Zimbabwe. Elections are not for political parties, they are for the people of Zimbabwe who may or may not act as organised political parties.

"The fundamental role of elections is to allow the people of Zimbabwe to create a new Parliament and through it a new Government.

"Let no parties or persons pretend that they hold the key to legitimacy of the polling process."

On Monday, NCA chairperson and University of Zimbabwe Law Lecturer Professor Lovemore Madhuku said once Cabinet adopted the amendments, the President may have to invoke the Presidential Powers (Temporary Measures) Act Chapter 10:20 and ensure that amendments to the Electoral Act are quickly passed to comply with the July 31 election deadline.

He 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."