Chinhoyi Municipality in by-election dilemma

Chinhoyi Municipality is under fire after prematurely declaring a ward seat vacant, triggering a by-election before the matter had been finalised in the courts- raising questions over procedural integrity and communication breakdowns within the local authority.

The Zimbabwe Electoral Commission (ZEC) has scheduled a by-election for Ward 14 on August 2, following a letter from acting town clerk Simon Marara dated May 6, declaring the seat held by Deputy Mayor Chipo Mlotshwa vacant. Mlotshwa had been convicted of fraud related to a residential stand scheme on May 5 and sentenced to 30 months in prison.

However, Mlotshwa subsequently successfully appealed her conviction and sentence, effectively putting her removal from office in legal limbo.

Despite a follow-up letter from council dated May 21 notifying ZEC of the appeal, the electoral body proceeded to prepare for the by-election, sparking confusion and potential legal headaches for all parties involved.

ZEC Mashonaland West deputy election officer Shadreck Chokoto dismissed blame, saying the electoral commission acted in accordance with the information it received from the municipality.

"That's not our problem," Chokoto said. "We called for a by-election after receiving a letter from the town clerk declaring the ward vacant."

But the move has left Chinhoyi Mayor Owen Charuza frustrated and distancing himself from the fallout. "The person who wrote to ZEC advising it about the vacant ward without proper consultation will know what to do when two councillors are elected," he said. "But what we know is that Mlotshwa is still the councillor until the appeal is heard."

The debacle has sparked concerns about poor coordination between local authorities and ZEC, with fears that the by-election may now proceed in legal uncertainty, potentially leading to dual representation or court challenges.

This is not the first time ZEC has been involved in a high-profile electoral blunder in Mashonaland West. In 2018, the electoral body controversially declared Zanu-PF's Dexter Nduna the winner of the Chegutu West parliamentary seat, despite official results showing Gift Konjana had won. ZEC attributed the error to a "clerical mistake."

The Chinhoyi situation now threatens to become another embarrassing chapter for both the municipality and the electoral commission, with critics warning that such mishandling erodes public trust in democratic processes.

Legal experts say if the by-election proceeds and Mlotshwa's appeal stands, the result could be nullified, leading to unnecessary costs and further administrative confusion.