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This article participates on the following special index pages:
2008 harmonised elections - Index of articles
Post-election violence 2008 - Index of articles & images
MDC pull out from presidential run-off election - Index of articles
MDC
letter of withdrawal to ZEC
Movement for Democratic Change
June 24, 2008
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Attention: Honorable
Justice Chiweshe
The Chairman
Zimbabwe Electoral Commission
7th Floor, Century House
HARARE
Dear Sir,
Re: PRESIDENTIAL
RUN-OFF ELECTION SCHEDULED FOR THE 27TH JUNE 2008
I write this letter to
advise you that for reasons set out in this letter, it is no longer
possible for the holding of the presidential run-off election set
for the 27th June 2008.
In my considered
view, the conditions presently obtaining throughout the country
make it virtually impossible for a proper election envisaged in
both the Constitution
of Zimbabwe and the Electoral
Act [Chapter 2.13] to take place. This being the case, the election
scheduled for Friday 27th June 2008 cannot be an election as provided
for by our law and accordingly, it will be a nullity if it were
to be proceeded with.
Section 107 of the Electoral
Act deals with the withdrawal of candidature from a Presidential
election. Subsection 1 thereof provides that a nominated candidate
for election as President may, by notice in writing addressed to
the Chief Election Officer withdraw his or her candidature before
21 days from the day or first day as the case may be on which the
poll in an election to the office of President is to be taken. This
section in my respectful view does not apply to a Presidential run
off election. Section 110 (3) provides that where two or more candidates
for President are nominated, and after a poll taken in terms of
subsection (2) no candidate receives a majority of the total number
of valid votes cast, a second election shall be held within 21 days
after the previous election. It is quite clear therefore that Section
107 (1) was clearly not designed for a presidential run-off election
as it would not make sense to expect a candidate from a presidential
run-off election to give 21 days notice of his/her withdrawal where
such election has to be held within 21 days anyway.
Section 107(3)
makes it much more clearer that Section 107 does not apply to a
presidential run-off election. It provides that:-
"where a candidate for election as President has withdrawn
his/her candidature in terms of this section, the sum deposited
by or on his behalf in terms of subsection (1) of Section 105 shall
be forfeited and form part of the funds of the commission".
No money was ever deposited for the presidential run-off election
in terms of Section 105 by any candidate.
Furthermore, there has
been no rules prescribed for the conduct of a presidential run-off
election and in particular the notice period set for the withdrawal
of candidature by a participant. Accordingly, any candidate wishing
to withdraw his candidature is free to do so at any time before
such an election.
In any event, as I have
already pointed out, the election set for the 27th June 2008 is
not a proper election but a nullity. In the circumstances, the question
of the withdrawal from such an election and the notice thereof cannot
be an issue.
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