News / National
ZEC declares Buhera Senate constituency vacant following Kangai's death
14 Sep 2013 at 05:09hrs | Views
THE Zimbabwe Electoral Commission yesterday declared Buhera Senate constituency vacant following the death of the incumbent, Kumbirai Kangai last month.
This is expected to pave way for Zanu-PF, the party that held the seat, to nominate a name to ZEC in terms of the constitution and the Electoral Act.
Kangai, who was declared a national hero and buried at the National Heroes Acre secured the seat through proportional representation in terms of the new constitution. ZEC chief elections officer, Mr Lovemore Sekeramayi made the announcement in a Government Gazette published yesterday.
It is hereby notified that the Commission has received notice of a vacancy that has occurred among the party list members of the Senate. The public is, therefore, hereby, notified, in terms of Section 39(4) of the Electoral Act (Chapter 2:13), that there exists a vacancy in the Senate following the death on the 24th of August, 2013, of Kumbirai Manyika Kangai, a duly elected Senator for the Manicaland province," read the notice.
Political parties submitted names of people, in sequence of preferences, who should become senators and their selection was determined by the number of votes a particular party gets from National Assembly in a given province.
Six senators were to come from each province and a party had to submit six names with the Zimbabwe Electoral Commission.
In terms of the law, party list seats vacancies do not necessitate by-election involving registered voters. Instead, according to section 157(1)(c) of the Constitution, any vacancy in a party-list seat must be filled by a person belonging to the same political party, and of the same gender, as the person who previously held the seat.
This means, Kangai's seat must be filled by a male who belongs to Zanu-PF.
The same principle is expected to apply on Edna Madzongwe who relinquished her Senate parliamentary seat following her elevation to President of Senate.
Section 39 of the Electoral Act lays down the procedure of filling party list vacancies.
This is expected to pave way for Zanu-PF, the party that held the seat, to nominate a name to ZEC in terms of the constitution and the Electoral Act.
Kangai, who was declared a national hero and buried at the National Heroes Acre secured the seat through proportional representation in terms of the new constitution. ZEC chief elections officer, Mr Lovemore Sekeramayi made the announcement in a Government Gazette published yesterday.
It is hereby notified that the Commission has received notice of a vacancy that has occurred among the party list members of the Senate. The public is, therefore, hereby, notified, in terms of Section 39(4) of the Electoral Act (Chapter 2:13), that there exists a vacancy in the Senate following the death on the 24th of August, 2013, of Kumbirai Manyika Kangai, a duly elected Senator for the Manicaland province," read the notice.
Political parties submitted names of people, in sequence of preferences, who should become senators and their selection was determined by the number of votes a particular party gets from National Assembly in a given province.
In terms of the law, party list seats vacancies do not necessitate by-election involving registered voters. Instead, according to section 157(1)(c) of the Constitution, any vacancy in a party-list seat must be filled by a person belonging to the same political party, and of the same gender, as the person who previously held the seat.
This means, Kangai's seat must be filled by a male who belongs to Zanu-PF.
The same principle is expected to apply on Edna Madzongwe who relinquished her Senate parliamentary seat following her elevation to President of Senate.
Section 39 of the Electoral Act lays down the procedure of filling party list vacancies.
Source - herald
