In a press conference held yesterday, Zimbabwe’s Justice, Legal, and Parliamentary Affairs Minister, Ziyambi Ziyambi, made it clear that there will be no re-run of the recent presidential election.
Minister Ziyambi emphasized that the country’s Constitution does not provide for a re-run of elections at the request of a losing political party or candidate, including international organizations such as SADC, the African Union, or the United Nations.
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President Mnangagwa and Zanu PF emerged as the winners of the just-ended harmonized elections.
The minister highlighted that their victory is unassailable and in accordance with the constitutional provisions of Zimbabwe.
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The opposition party, Citizens Coalition for Change (CCC), has called for a re-run of the presidential election under the supervision of Sadc, the African Union, and the United Nations.
However, Minister Ziyambi dismissed these calls, stating that the law is clear about the legal remedies available to an aggrieved political party or candidate, and an opposition party-induced electoral re-run is not one of them.
According to Minister Ziyambi, an aggrieved person must file a petition within seven days of the declaration of the winner by the Zimbabwe Electoral Commission (ZEC).
The Constitutional Court is then required to hear and determine the petition within 14 days.The decision of the court is final and there is no provision for another election as demanded by the opposition party.
The minister also highlighted that Zimbabwe, as a sovereign state, cannot be pressurized to change its Constitution or domestic laws by regional or international observer missions, including Sadc, the European Union, or the United Nations.
He emphasized that the irregularity argument put forth by the opposition will not hold, as no election is 100 percent perfect.
“Section 93 (3) requires the Constitutional Court to hear and determine the petition within 14 days. The decision of the court shall be final. There is no reason for His Excellency, President Mnangagwa, and ZANU PF to give away their win.
If anything, Zimbabwe as a sovereign State cannot be pressurised to change its Constitution or domestic laws by a regional or international observer mission or SADC itself or the European Union….
“Any lawyer knows that the irregularity argument will not wash. There are many cases in that regard.
No election is 100 percent perfect. The test is one of substantial compliance. Even Dr Mumba in his preliminary report accepted that the electoral environment was calm and peaceful, but some aspects fell short of the requirements or expectations of the Constitution and SADC Guidelines.
Source iHarare
