News / National
Welshman Ncube threatens to disregard poll roadmap
18 Apr 2013 at 22:23hrs | Views
MDC leader Professor Welshman Ncube says his party will disregard the election roadmap to be crafted by Justice and Legal Affairs Minister Patrick Chinamasa and his Constitutional and Parliamentary Affairs counterpart Advocate Eric Matinenga.
This follows a resolution by the principals on Tuesday that the two ministers should review the election roadmap.
Prof Ncube told journalists on Wednesday after meeting South African president Jacob Zuma's backroom facilitation team that it was illegal for the two ministers to re-draw the roadmap without the involvement of the negotiators and the facilitators.
"We have written to Sadc about this. This morning we have drawn this to the attention of the facilitation team and we have pointed out to them that unless Sadc intervenes as a matter of urgency, we will not recognise any of the processes emanating from a process where we as a party are excluded from," said Prof Ncube.
"It is our position that Sadc as guarantors of the GPA cannot and should not recognise any electoral outcome which comes out of a process where the GPA has been jettisoned."
He claimed that Zanu-PF, MDC- T and Professor Arthur Mutambara were re-writing the Global Political Agreement by sidelining his party in such processes.
He said Zanu-PF and MDC-T were in alliance against his party adding that they wanted a Sadc summit to resolve the problems in the GPA.
Prof Ncube said according to the law, harmonised elections were supposed to be held by October 30, 2013 saying the law said they should be held within four months after dissolution of Parliament on June 29.
"It is equally clear that the law says this parliament dissolves on that date, an election should be held without fail within four months of the dissolution of Parliament. In other words within four months of 29 June meaning the four months will end on October 30.
"Legally, an election must be held in this country without fail by October 30 but when to hold it between now and then is a political question," said Professor Ncube.
All things being equal, he said the processes that the draft constitution has to go through would be concluded around mid-August.
"We can't enact it until at least starting May 7. Let's assume we fast track it through Parliament during one week in the House of Assembly and then go to the Senate, President can gazette it by May 20. That constitution says we must have a compulsory voter registration outreach where we go to the people for 30 days after publication. The Prime Minister in media reports says it can be done concurrently, it can't be done concurrently. If you go to where it deals with this particular issue it says voter education must be done after publication day not before. So if publication day is May 20 that voter registration can only take place from May 21 to June 21.
"You can't proclaim an election between May 21 and June 21 because the Electoral Act tells you that the voters' roll for purposes of the forthcoming elections will close at midnight on the day of the proclamation," said Prof Ncube.
He said since the constitution bars people who register as voters after proclamation it would be unwise to proclaim the elections before the compulsory voter education.
He said after voter education, the President was mandated to give a minimum of 14 days notice for sitting of the nomination court and another 42 days from the nomination court to voting day.
"Which gives you a total of 56 days from the proclamation date which will take you to August which technically means, even if you wanted, you cannot do an election before mid-August and politically, do you want to have an election on August 16 when you are doing the UNWTO in Victoria Falls?
"Do you want to be campaigning and voting that week? I suggest not, . . . the earliest you can do an election is September or October. Those are the considerations which should be taken into account in fixing an election day," he said.
Parties in Government differ on poll dates, Zanu-PF insisting that the plebiscite should be held by June 29, while the MDC-T wants them in September.
This follows a resolution by the principals on Tuesday that the two ministers should review the election roadmap.
Prof Ncube told journalists on Wednesday after meeting South African president Jacob Zuma's backroom facilitation team that it was illegal for the two ministers to re-draw the roadmap without the involvement of the negotiators and the facilitators.
"We have written to Sadc about this. This morning we have drawn this to the attention of the facilitation team and we have pointed out to them that unless Sadc intervenes as a matter of urgency, we will not recognise any of the processes emanating from a process where we as a party are excluded from," said Prof Ncube.
"It is our position that Sadc as guarantors of the GPA cannot and should not recognise any electoral outcome which comes out of a process where the GPA has been jettisoned."
He claimed that Zanu-PF, MDC- T and Professor Arthur Mutambara were re-writing the Global Political Agreement by sidelining his party in such processes.
He said Zanu-PF and MDC-T were in alliance against his party adding that they wanted a Sadc summit to resolve the problems in the GPA.
Prof Ncube said according to the law, harmonised elections were supposed to be held by October 30, 2013 saying the law said they should be held within four months after dissolution of Parliament on June 29.
"It is equally clear that the law says this parliament dissolves on that date, an election should be held without fail within four months of the dissolution of Parliament. In other words within four months of 29 June meaning the four months will end on October 30.
"Legally, an election must be held in this country without fail by October 30 but when to hold it between now and then is a political question," said Professor Ncube.
All things being equal, he said the processes that the draft constitution has to go through would be concluded around mid-August.
"We can't enact it until at least starting May 7. Let's assume we fast track it through Parliament during one week in the House of Assembly and then go to the Senate, President can gazette it by May 20. That constitution says we must have a compulsory voter registration outreach where we go to the people for 30 days after publication. The Prime Minister in media reports says it can be done concurrently, it can't be done concurrently. If you go to where it deals with this particular issue it says voter education must be done after publication day not before. So if publication day is May 20 that voter registration can only take place from May 21 to June 21.
"You can't proclaim an election between May 21 and June 21 because the Electoral Act tells you that the voters' roll for purposes of the forthcoming elections will close at midnight on the day of the proclamation," said Prof Ncube.
He said since the constitution bars people who register as voters after proclamation it would be unwise to proclaim the elections before the compulsory voter education.
He said after voter education, the President was mandated to give a minimum of 14 days notice for sitting of the nomination court and another 42 days from the nomination court to voting day.
"Which gives you a total of 56 days from the proclamation date which will take you to August which technically means, even if you wanted, you cannot do an election before mid-August and politically, do you want to have an election on August 16 when you are doing the UNWTO in Victoria Falls?
"Do you want to be campaigning and voting that week? I suggest not, . . . the earliest you can do an election is September or October. Those are the considerations which should be taken into account in fixing an election day," he said.
Parties in Government differ on poll dates, Zanu-PF insisting that the plebiscite should be held by June 29, while the MDC-T wants them in September.
Source - TH
