SANF 08 No 39
Zimbabwe’s opposition withdrawal from the presidential election run-off is unconstitutional, the Zimbabwe electoral body has said.
The chairperson of the Zimbabwe Electoral Commission (ZEC), Justice George Chiweshe, said on Monday that plans for the presidential runoff and the three House of Assembly by-elections scheduled for 27 June were at an advanced stage, and the withdrawal by the opposition Movement for Democratic Change (MDC) at this stage was unlawful.
“The legal position according to the Zimbabwean Electoral Act is that the situation of a candidate for the run-off or the second election is not a voluntary exercise; one gives that consent when he/she contests the first election,” said Chiweshe.
Participating in the runoff, the chairman said, therefore becomes automatic once one is nominated to take part in the first round election, which Morgan Tsvangirai did on 29 March.
Besides being unlawful, Chiweshe also said that the commission had by Monday not received any correspondence from the MDC regarding its withdrawal from the presidential race and thus had no reason to annul the election.
“We have just heard about the withdrawal from the media. We expect the MDC to write to the Commission as the authority responsible for elections in the country. Maybe the letter will come and we will cross the bridge when we get there,” said Chiweshe.
During a briefing to observers and other stakeholders, Chiweshe said that according to Zimbabwean law, if one wishes to withdraw from an election, this has to be communicated officially and it has to be done within the confines of the Zimbabwean law and/or Constitution.
He said according to the terms of the Zimbabwe Electoral Act, Chapter 2.13, Section 147 (1), a nominated candidate for an election for president may by notice in writing addressed to the Chief Elections Officer, withdraw his candidature at any time before 21 days from the day on which the election is to be held.
On receipt of a notice of withdrawal the Chief Elections Officer shall then cause the withdrawal to be published in a government Gazette and in all newspapers of mass circulation in Zimbabwe.
“None of the candidates has so far withdrawn from the race. Politicians will say anything anytime, but there are certain things, which must be done officially and according to the laws of the land. We have not been officially approached by any of our candidates on the withdrawal,” Chiweshe added.
He also said that it was premature to disclose what the law says in the event that one of the candidates withdraws from an election.
“It is premature for me to say what would happen because people will start to speculate,” he said.
However, ZEC confirmed receipt of such a letter on Tuesday but refused to make a comment until the commission meets on Wednesday.
The Minister of Justice, Legal and Parliamentary Affairs, Patrick Chinamasa, also said according to Zimbabwean law, it was not possible for Tsvangirai to pull out of the run-off at this stage.
“My understanding of the law is he could have withdrawn his candidature 21 days before the first round of voting on March 29. After that, there is no choice and a candidate must see through the electoral process that will have been set in motion.
“That is why after March 29 we did not have any fresh nominations because participation at that stage is no longer voluntary and the law coerces you to see through the process. And there are very good reasons for our law being like that.
“After all, Tsvangirai’s purported withdrawal is coming after the postal vote has been cast, ballot papers have been printed, equipment has been deployed across the country and polling officers have been recruited, some have been deployed and some are in the process of being deployed. To call off an election at such a stage is unthinkable.
“And I would like to emphasise that the conditions obtaining on the ground are conducive for the holding of free and fair elections.”
Chinamasa also said that MDC was still carrying out campaigns despite claiming that it had pulled out of the race.
Tsvangirai announced on Sunday that he was withdrawing from the presidential run-off poll citing violence against his party by the ruling ZANU PF supporters.
However the Commissioner-General of the Zimbabwe Republic Police (ZRP), Augustine Chihuri, said the opposition leader has been “moving back and forth across the country, with buses and cars, campaigning and no complaints of impediments have been received” by the ZRP.
ZEC also said that the deployment of polling officers has already commenced and the other logistics are at an advanced stage.
“Material such as indelible visible ink, ballot boxes, ballot papers and booths are already being transported to the respective wards through the district structures.
“The commission is in every sense of the word prepared for this election. We are ready and we look forward to a credible election come Friday,” Justice Chiweshe said.
The electoral commission has established 1,958 ward collation centres and 210 constituency collation centres for the presidential runoff. A national command centre will be set up at the Harare International Conference Centre.
Justice Chiweshe said since the polls were ward based, results would be displayed at the polling stations, ward and constituency centres.
Results of the presidential run-off will be announced at the national command centre while those of the by-elections will be announced in the respective constituencies.
Commenting on whether the pre-poll environment was conducive for holding free and fair elections, Justice Chiweshe said the commission would conduct a credible election.
“I do not believe that the level of violence in the country is such that a credible election cannot be held.
“This is not a war and we do not have a war in the country. You will always not be able to hold an election that is 100 percent perfect,” he said.
Observers from the African Union, Pan African Parliament and the Southern African Development Community also attended the briefing.
