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We will disregard the High Court - ZEC
Zimbabwe Metro
April 13, 2008

http://zimbabwemetro.com/2008/04/13/we-will-disregard-high-court-zec/

The Zimbabwe Electoral Commission has said the recount of presidential and House of Assembly election results would proceed on April 19 and they will disregard the High Court ruling that it should not proceed.

The state media reported that ZEC chief elections officer Mr Utoile Silaigwana said that the commission can recount election results in contempt of the High court rulings.

"I have not seen the order barring us from conducting the recounts, so the process would proceed as advised," he said.

Metro reported yesterday that the High Court has issued an order barring the recounts.

But in notices published yesterday, ZEC announced vote recounts in 23 constituencies, saying: "There are reasonable grounds for believing that the votes were miscounted, and that the miscount would affect the result of this election."

The commission called for a recount of votes cast in the presidential election in terms of Section 61 (4) (a) of the Constitution of Zimbabwe as read with Section 67A (4) of the Electoral Act.

It also said the recount of votes cast for the House of Assembly, Senate and local authorities elections would be done in terms of Section 67A of the Electoral Act.

"ZEC has taken, by this notice, all necessary steps to inform accredited observers and all political parties and candidates that contested in this election, of this decision, and the date, time and place of recount, by sending copies of this notice to the respective parties' head offices."

Parties represented at the recount would, in the presence of the constituency election officer, relate to the documents dealt with by the officer to satisfy themselves with their (officers) adherence to provisions of the electoral laws.

The parties would then "count the votes cast, with strict adherence to the procedure that was followed, in respect of material used at the election, including returns that were made at the time of the initial count and kept at the constituency centre as provided by the Act".

"The respective constituency election officers shall then act in terms of Section 67 of the Electoral Act, to transmit without delay, by telegraph, tele-facsimile or electronic mail, in the prescribed form, to the chief elections officer, the names of the persons declared duly elected, the day effective from which he or she was declared elected, the number of votes received by the respective candidates, the number of rejected ballot papers, in respect of the recount."

Once the procedures have been followed, the results of the House of Assembly and Senate constituencies would then be transmitted to the Clerk of Parliament.

"In respect of the presidential poll, the constituency election officer and the chief elections officer shall, after the recount, act in respect of votes received by each candidate at the recount, in terms of the Second Schedule to the Electoral Act," ZEC said.

Recounts will be conducted in Chimanimani West, Mutare West, Bikita West, Bikita South, Bulilima East, Zhombe, Zaka West, Zvimba North, Silobela, Chiredzi North, Gokwe-Kabuyuni and Buhera South, Lupane East, Mberengwa East, West, North and South, Masvingo Central and West, Gutu South, North and Central and Goromonzi West.

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