Electoral Amendment bill unconstitutional - Tsvangirai

Prominent Bulawayo lawyer Jonathan Tsvangirai says that the electoral law amendment bill hastily passed in parliament recently is unconstitutional and can be challenged in a court of law.

Tsvangirai said this addressing a gathering of media and other stakeholders personnel run by the Zimbabwe Electoral Support Network (ZESN) in Bulawayo. According to Tsvangirai, besides the bill ignoring the key concept of incorporating public views, some of the closes that have been put through for law are against provisions of the country's new constitution.

Tsvangirai says the bill does not give rise to the independence of the Zimbabwe Electoral Commission as the commission still remains guided by the powers of government and the party ruling at that time compromising the electoral process. Tsvangirai also questioned the composition of the Electoral Court which through the bill still allows for a judge to sit in both the Electoral Court and the courts higher to it where its issues are referred in case of a dispute. Tsvangirai questioned strongly why the bill had to be fast trekked through parliament completely ignoring inputs from other sectors like ZEC, Members of Parliament and public.

In their contribution to the discussions ZESN reiterated Tsvangirai's sentiments claiming that the bill which now awaits the president's signature is unconstitutional and should not be allowed to sail through. According to ZESN, the bill still carries with it the very same terms that were used to run the disputed 2013 elections which were run under presidential special powers on President Robert Mugabe's decree after parliament was dissolved way before the elections.

In their presentation by Runyararo Munetsi their Research and Advocacy Manager, ZESN said that Zimbabweans needed to start identifying with their constitution and work to protect it against any unconstitutionalism. According to ZESN, the quick and unopposed passage of the electoral bill is one such breaches of the people's constitution that must be challenged.

According to ZESN the generality of Zimbabweans and the media have a problem of treating elections as an event instead of a process as they only get into election gear shortly before elections. This off and on peak approach to the election process is what, according to ZESN, causes people to be caught by surprise at election time when "new" provisions and systems are introduced at election time.

Munetsi explained that elections were a process that goes through a five year cycle of which Zimbabweans should be involved in through all the stages not to only get involved when its campaign and voting stage. The ZESN official called on media to actively participate in the entire cycle to help keep the public alert of what stage the electoral process would be going through at every time.

Munesti made special emphasis to the media paying attention to the legal framework stage where the election is designed but is the most ignored.

"The legal framework stage is the most critical stage of the election as it is where the elections are drafted and the passing of the electoral bill is this stage and must not be ignored," she said.

In response Jeffrey Muvundusi of the Daily News said that it was difficult for the media to push election related stories at a time when the country will be off peak elections as editors will be looking for stories that appeal to the public at that instance. Mvelo Zondo of New Ziana echoed Muvundusi's sentiments stating that Zimbabweans generally get into election gear as soon as political parties start campaigning for election of which prior to that period any story that talks of elections is generally ignored and can not make headline news.

Contributing to the discussion, social political commentator and analyst Mr Bekezela Maduma Fuzwayo blamed ZESN themselves and other civic organisation for also disappearing pre elections only appearing during the election period. Maduma Fuzwayo said the major responsibility of educating and alerting citizens on the electoral stages and activities that the country would be going through should be carried by the civic groupings instead of waiting on the already polarised Zimbabwean media.

The ZESN dialogues which have been going on in the country are expected to cover all the major centres of the country seeking to bring media and other commentators to be part and parcel of the electoral cycle particularly at this stage when the legal framework to govern the next election is being worked on. The discussions have already been to Bulawayo, Masvingo and Gweru and will end in Harare where two bigger sessions that will include participants from all Mashonaland provinces and Manicaland.