Gono set to take vacant seat

THE Zimbabwe Electoral Commission said yesterday it will not consider party lists for senatorial vacancies submitted before the harmonised elections last year, paving way for former Reserve Bank of Zimbabwe Governor Dr Gideon Gono to assume the seat left vacant by the late Kumbirai Kangai.

Zec chairperson Justice Rita Makarau said in response to written questions from our Harare Bureau that they were waiting for fresh nominations from political parties following changes to laws governing party lists.

She said since the Presidential Powers Temporary Measures (Amendment of Electoral Act) Regulations 2013 under which last year's harmonised elections were held expired in December last year, any vacancies arising thereafter should be filled by fresh nominations.

The Presidential Powers Temporary Measures (Amendment of Electoral Act) Regulations provided for replacement of vacant seats in the Senate and have since been replaced by the Electoral Amendment Act which has been signed into law by President Mugabe.

"The Commission is not as of now able to comment on the eligibility or otherwise of Dr Gono in replacing the late Kumbirai Manyika Kangai in the Senate because it is yet to receive fresh nominations of candidates to fill the vacancy," said Justice Makarau.

"As you may be aware, all previous nominations and procedures undertaken lapsed with the expiry of the Presidential Powers (Temporary Measures) (Amendment of Electoral Act) Regulations, 2013 in December 2013."

The Zanu-PF Politburo approved recommendations by the party's Manicaland provincial executive to have Dr Gono replace Kangai.

Dr Gono could not take up the seat because the Presidential Powers (Temporary Measures) Act that gave legal effect to fill vacant parliamentary seats had expired after their six-month mandatory lifespan.

Section 15 of the Electoral Amendment Act empowers the party holding a seat in respect of party-list members to nominate a "qualified" person to fill a vacancy that might have occurred.

Apart from Kangai, the Zanu-PF party list for Manicaland had Monica Mutsvangwa, Judith Mawire and Mike Nyambuya who all took up their seats.

The remaining two on the party list who failed to make it after two seats went to MDC-T were Shadreck Chipanga and Evelyn Mtetwa, with Chipanga next in line to take up any vacancy.

Section 15 (3)(b) of the Electoral Amendment Act reads: "In the event of a vacancy occurring among the party-list members of the Senate or of the National Assembly, otherwise than through a dissolution of Parliament, the President of the Senate or the Speaker, as the case may be, shall notify the Commission of the vacancy, in writing, as soon as possible after he or she becomes aware of it.

"Upon being notified of a vacancy in terms of subsection (3), the Commission shall without delay — invite the political party in writing to submit the name of a qualified person to fill the vacancy, for which purpose the political party must lodge with the Commission a nomination paper in the prescribed form referred to in section 45E(2), countersigned by any two of the designated national office-bearers of the party referred to in section 38A(1)(a) (or by such other two office-bearers of the political party whom the Commission is satisfied are duly authorised to make the required countersignatures)."