PROCLAMATION of by-election dates by President Mnangagwa is never a willful political act but rather is in accordance with the country’s Constitution and statutes that must be followed without any discretion, Deputy Chief Secretary to the President and Cabinet, Mr George Charamba, has said.
This comes after proclamation for by-elections in nine constituencies following recalls of CCC legislators by the party’s interim secretary-general Mr Sengezo Tshabangu.
Last week, President Mnangagwa proclaimed December 9 as the date for the by-elections in accordance with the country’s laws but the politicking opposition sold its followers bottled smoke by claiming that Government was behind the recalls, hence the proclamation.
However, Mr Charamba, who is the Presidential spokesperson, said threats by the opposition to boycott the elections cannot stop a process that was triggered by the recalls.
“The act of recalling an elected Member of Parliament of any party triggers timelines at law which must be obeyed by all actors starting from the Speaker of Parliament and ending with the President”.
Mr Charamba said the moment the President is notified by the Speaker of Parliament of a vacancy in Parliament, he is enjoined by the country’s laws and the Constitution to make a proclamation of by-elections within a definite period.
“The law does not give the President any room for discretion or whether to proclaim or not to proclaim the election once a political party has recalled its legislators. Thus it is utter ignorance of the law for anyone, least of all a person pretending to be an Advocate, to suggest that the proclamation by the President is a willful political act. Even a person whose knowledge of the law came from a law manual of idiots could never make such a mistake,” he said.
Mr Charamba added that Zimbabwe does not have laws that make the presence or absence of opposition legislators a constitutional issue.
“Put simply we have no legislation that compels multipartism in Parliament, what we have are laws that accommodate different parties to participate in electoral processes. On the basis of that participation they earn themselves a place in Parliament, whether or not the MP participates in Parliament is neither a matter of the Constitution or any statute, it is matter of volition,” said Mr Charamba.
According to Parliament’s Standing Rules and Orders, a legislator can be deemed no longer in his position for continued absenteeism.
Under the country’s laws, parties and individuals are not compelled to participate in the electoral process whether as voters or candidates seeking political office, as participation is voluntary.
“Individuals or parties that decide not to participate in harmonised elections cannot be compelled to do so by our laws, and because our laws cannot compel anyone, it therefore follows that our laws are indifferent to decisions on whether to participate or not. It is therefore foolish for CCC to suggest that their non-participation will create a constitutional crisis. As sure as the sun rises from the East and sets in the West, the non-participation of CCC will not eventuate or trigger a constitutional crisis”.
In the event that the CCC decides to boycott the December by-elections, willing political parties will slug it out and even if it is one political party that participates, then it will be declared the winner. Herald
