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This article participates on the following special index pages:
Talks, dialogue, negotiations and GNU - Post June 2008 "elections" - Index of articles
Timing
for by-elections inappropriate
Zimbabwe
Election Support Network
October 24, 2008
The Zimbabwe
Election Support Network (ZESN) notes with serious concern the announcement
by the Zimbabwe Electoral Commission that it will proceed with preparations
for the holding of by-elections despite a clause in the agreement
between ZANU-PF and the two MDC formations not to contest each other
should vacancies arise in the House of Assembly and Senate.
While elections
are the tenets to any democracy, the timing for holding the by-elections
is not appropriate. Cognisant of the gross politically - motivated
violence and human rights violations that took place in the run
up and post June 27 run-off election, ZESN strongly believes that
people are still traumatised. Furthermore the ordeals of violence
have left societies dehumanised and have engendered feelings of
hatred and polarisation within the country. The murder, assault,
abduction and displacement of scores of people after the 29 March
harmonised elections cannot be condoned. People's homes, livestock,
properties were torched to ashes, while some were left disabled.
ZESN had one of its observers killed in Hurungwe North constituencies
for observing the harmonised elections on 29 March 2008 and many
other observers were harassed and victimised. Several ZEC officials
were arrested and it is alleged that at least one ZEC official was
abducted and murdered. The criminals who in most cases have been
named and identified have neither been arrested nor prosecuted.
On the contrary many of the victims are still facing false allegations
of political violence and as such will not able to freely participate
in any election process. The conditions are simply not conducive
for the conduct of a free and fair by-election in any part of the
country.
It is against
this backdrop that ZESN is gravely concerned about the timing of
these by-elections as the economic and socio-political environment
as well as the legal framework governing elections is not conducive
for the holding of any election in the immediate future. This therefore
calls for the need for national healing, cohesion and depolarisation
of the society which is also recognised in the Memorandum of Understanding
(MOU), in which parties involved had agreed that for a period of
12 months there will be no by-elections owing to the fact that the
country was not ready for another election. Article XXI, clause
21.1 states that ..should any electoral vacancy arise in respect
of a local authority or parliamentary seat, for whatever reason,
only the party holding that seat prior to the vacancy occurring
shall be entitled to nominate and field a candidate to fill the
seat.... .
Recognising
that the holding of the by-elections is in accordance with the laws
governing elections in Zimbabwe, and that the people have a fundamental
right to elect representatives of their choice, it is ZESN's considered
view that the MOU rightfully acknowledged the need to give the people
a 12 month period for some breathing space and national healing.
ZESN further
notes the urgency for the following measures before any election
in any constituency is held:-
- Fundamental
reforms to restore the bill of rights and restore basic freedoms
both in the statute book and in actual practice;
- Practical
measures to end lawlessness, repression, persecution of government
critics, human rights activists and human rights defenders;
- Fundamental
electoral reforms to redress existing flaws and ensure a level
playing field;
- The establishment
of an independent, accountable and transparent electoral management
body;
- A credible
electoral process;
- Transparency
in postal voting and tabulation of results;
- Restoration
of the independence and professionalism of all institutions of
government namely the Police, the Army, Civil Service, Attorney
General's Office and the Judiciary.
In as much as
ZESN supports the holding of elections, the Network adamantly encourages
a democratic and transparent process where fundamental human rights
such as freedom of association, movement, expression and campaigning
are recognised. The electorate should also be provided with comprehensive
voter education and information. Political parties are strongly
discouraged from harassing and intimidating voters, engaging in
vote buying, misusing of state resources among other malpractices.
ZESN therefore
re-emphasises on the need to inculcate a culture of political tolerance,
respect and fair political contest. A transparent, independent and
accountable electoral management that fosters credible elections.
Values and practices
of political tolerance, respect, non-violence and dialogue are the
only means of resolving political differences before any election
takes place.
Background
There are three
vacant seats in the House of Assembly, Gokwe-Gumunyu resulting from
the death of ZANU PF's Mr. Ephraim Mushoriwa, Matobo North seat
vacated by MDC's Mr. Lovemore Moyo (elected Speaker of Parliament)
and Guruve North resulting from the death of ZANU PF's Mr. Cletus
Mabharanga. There are also three vacant constituency seats in the
Senate, Chegutu seat vacated by Mrs.Edna Madzongwe (elected President
of Senate), Chiredzi seat vacated by Mr. Titus Maluleke (ZANU PF)
on appointment as Provincial Governor of Masvingo and Gokwe South
vacated by Mr. Jaison Max Kokerai Machaya (ZANU PF) on appointment
as Provincial Governor, Midlands.
Visit the ZESN
fact
sheet
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