|
Back to Index
This article participates on the following special index pages:
2008 harmonised elections - Index of articles
MDC pull out from presidential run-off election - Index of articles
Bill
Watch Special: Election observers
Veritas
June 23, 2008
The President of the MDC announcement
yesterday stated that "we in the MDC have resolved that we
will no longer participate in this violent, illegitimate sham of
an election process"
The Zimbabwe
Electoral Commission's position following yesterday's announcement
by Mr Tsvangirai, is that as it has received no formal notification
of Mr Tsvangirai's withdrawal from the Presidential run-off election,
the election must go ahead. This looks like the official stance
is that the election will go ahead.
The Chairman
of ZEC this morning declined to say what the position would be if
a formal notification is received.
Does
the Electoral
Act make provision for a formal notification of withdrawal?
The Electoral
Act makes no provision for a formal withdrawal from a presidential
run-off election.
The only provision
for withdrawal by a presidential candidate is in section 107 of
the Electoral Act. But this refers only to the possibility of withdrawal
from the first round by giving notice in writing to the Chief Elections
Officer at least 21 days before polling day. This provision cannot
be applied to a run-off election.
Can
the Act be amended or modified to accommodate a formal notification
of withdrawal by Mr Tsvangirai?
Section 192
of the Act empowers ZEC - "notwithstanding any other provision
of this Act" - to make a statutory instrument "to deal
with any matter or situation connected with, arising out of or resulting
from" an election. ZEC has already made use of this section
to extend the deadline for the holding of the run-off election.
It may be, therefore, if formal notification of withdrawal is received,
that ZEC will use this section to publish a statutory instrument
allowing (1) the calling off of the poll and (2) the remaining candidate
to be declared the winner. That action would be controversial but
would stand unless set-aside by a court.
There is no
provision in the Electoral Act for a run-off election to take place
between the remaining candidate Mr Mugabe, and the candidate with
the next highest number of votes, Mr Makoni.
Please credit www.kubatana.net if you make use of material from this website.
This work is licensed under a Creative Commons License unless stated otherwise.
TOP
|
