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Former ZEC Commissioner Speaks Out On Delimitation Report

1 year agoThu, 12 Jan 2023 06:03:25 GMT
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Former ZEC Commissioner Speaks Out On Delimitation Report

Former Zimbabwe Electoral Commission (ZEC) commissioner Qhubani Moyo has said there is no law stating that the commissioners’ decisions should be unanimous.

Moyo made the remarks following reports that seven ZEC commissioners disowned a preliminary delimitation report tabled in Parliament on Friday last week saying it is flawed.

The commissioners allegedly wrote to President Emmerson Mnangagwa advising him to “put aside” the report and that elections should be held using old boundaries from the last delimitation exercise in 2008.

However, in his analysis posted on Facebook, Moyo said ZEC chairperson Priscilla Chigumba has the power to override decisions by the other commissioners. Wrote Moyo:

The independence of ZEC is well provided for in the Constitution of Zimbabwe and no State organ should or can interfere with its processes and mandate.

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In the case of delimitation processes Parliament can give an opinion that ZEC may choose to take on board or reject.

ZEC is not bound to follow such an opinion as it is not prescriptive, but persuasive except where it is a breach of the Constitution.

The chairperson of the commission, whose appointment process is different from the rest of the commissioners, is the official communicator for the commission and there are no provisions that decisions of the commission should be majoritarian.

In the event of unreasonable sustained debates over issues that are bound to create a national crisis, the chairperson and chief elections officer are eligible candidates to make pronouncements in the best national interest.

Moyo made reference to the Kenyan elections held last year where some commissioners disowned presidential results.

However, the country’s Supreme Court upheld the results.

Moyo added that it was unacceptable for ZEC commissioners to dissociate themselves from the outcome of a process that they were part of. He said:

The decision by the seven ZEC commissioners to deny paternity of a delimitation report they “fathered” is professionally unacceptable and not in the best interests of the nation as they should not reject the outcomes of a process they were part of.

ZEC is expected to produce a final delimitation report by 28 January. 

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7 Comments

... · 1 year ago
uriGava mdraa iwewe
seer · 1 year ago
ZEC iri independent here nhai. mazviita kune vachabatsira
Machiavelli · 1 year ago
Qhubani Moyo has shown why and how democratic tenets have been sacrificed at the altar of political expediency. I am not aware of his qualifications for membership of an Independent Electoral Commission, but if his pronouncement is anything to go by, the man should not be anywhere near a democratic institution. Firstly, ZEC' independence is not absolute. It is relative. It was created by the constitution and so has to be subservient to the Constitution. Parliament is the guardian of the Constitution and that is precisely why ZEC has to report to Parliament. ZEC is not above the Constitution and Parliament. It us already clear that ZEC has run foul of both the constitution and law by its wrongful interpretation of the 20% variance. So, yes, the report is technically a nullity because it violates law and constitution Moyo points out that The Chairman of ZEC is the COMMUNICATOR for the Commission. But that doesn't mean the Chairman becomes the substitute for the commission. In other words, the Chairman communicates the decisions of the Commission but He/she is not the Commission. The spokesmanship does not amount to power of veto over other members of the Commission. To suggest that the Commission should not be majoritarian, is to replace democracy with dictatorship. Any democratic body should operate under the Queensberry Rules, and debate should follow Roberts Rules of Debate. To suggest that The Chairman can disregard input of other Commissioners is to miss the target completely. Chairmanship is to guide debate and discussion and not to overrule and bulldoze individual voice over the other commissioners. Moyo pontificate about "Opinion" The reason for ZEC to seek opinion of parliament is to partake of the system of checks and balances. In other words ZEC may have made mistakes that another oversight body can point oout.You can't seek an opinion and ignore it, if is valid. That's precisely the function of Parliament. If ZEC ignores opinion of parliament and civic society, then it will find itself being dragged yo the Constitutional Court. Again Moyo quotes the Kenyan precedent out of context. In Kenya the dissenters were in the minority - THREE out of TWELVE if I am not mistaken. Here we have 7 out of 9. Majority rules require introspection. At law minority judgments even in the supreme court are permissible and are put on record. Qhubani Moyo, you got it wrong.
pasi nemhandu · 1 year ago
💪
Doug · 1 year ago
So what use are these seven commissioners whose positions are sustained by our taxes if the chairperson can override them and others? The country can save money by only having those whose decision matters in positions. ZEC needs only a chairperson and a deputy, with the chairperson having an override over the deputy.
chips · 1 year ago
apa makuma bambo better kungosara nachigumba chete
Anonymous · 1 year ago
Man city yakarohwa ne Soton shoko ngarifambe EFL SEMI FINALISTS MANCHESTER UNITED NEWCASTLE UNITED SOUTHAMPTON NOTTINGHAM FOREST
gabon_viper · 1 year ago
dzimwe nyaya adzitipe sadza nxa

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