PARLIAMENTARY and legal think-tank, Veritas, says Vice President Constantino Chiwenga violated the country\u2019s constitution when he declared the suspension by-elections on account of Covid-19 pandemic.<\/p>\n
Chiwenga, who doubles as the country\u2019s health minister, last week stopped the by-elections for many vacant legislative and municipal seats.<\/p>\n
By-elections were called for December 5, 2020.<\/p>\n
However, Chiwenga moved to amend Statutory Instrument 225A of 2020, Public Health COVID-19 Prevention, Containment and Treatment) (Amendment) Regulations, 2020 (No 4), a policy shift that also affected the holding of the mini-polls.<\/p>\n
But Veritas, in a statement, said Chiwenga\u2019s suspension of by-elections-was against the letter and spirit of the supreme law of the land.<\/p>\n
\u201cIn publishing SI 225A of 2020, the Minister of Health amended section 3 of the Public Health (COVID-19 Prevention and Containment) Regulations to say that while the declaration of Covid-19 as a formidable epidemic disease is in force \u2012 i.e. until the 1st January next year, i to extension \u2012 the holding of by-elections to fill vacancies in the National Assembly and local authorities is suspended.<\/p>\n
\u201cThe 90-day period within which by-elections must be held in terms of section 158 (3) of the Constitution begins to run from the date on which the declaration ends.<\/p>\n
\u201cThis is unconstitutional. In our Election Watch 1 of 2020 of the 17th May, we commented on an earlier attempt by the Zimbabwe Electoral Commission [ZEC] to suspend by-elections because of the Covid-19 pandemic and concluded that ZEC could not do it. The same goes for this attempt.<\/p>\n
\u201cSection 158 (3) of the Constitution states quite clearly: Polling in by-elections to Parliament and local authorities must take place within ninety days after the vacancies occurred \u2026\u201d<\/p>\n
\u201cThe Constitution makes no provision for an extension of the 90-day period, even during a state of emergency \u2012 and a state of public emergency is not currently in force.<\/p>\n
\u201cJust as ZEC had no power to suspend by-elections by administrative decree, so too the Minister of Health has no power to suspend them through regulations under the Public Health Act. The Constitution overrides administrative decisions and regulations. The Constitution must be obeyed,\u201d Veritas said. \u2013 Newzim<\/p>\n
<\/p>\n","protected":false},"excerpt":{"rendered":"
PARLIAMENTARY and legal think-tank, Veritas, says Vice President Constantino Chiwenga violated the country\u2019s constitution when he declared the suspension by-elections on account of Covid-19 pandemic. Chiwenga, who doubles as the country\u2019s health minister, last week stopped the by-elections for many vacant legislative and municipal seats. By-elections were called for December 5, 2020. However, Chiwenga moved […]<\/p>\n","protected":false},"author":84,"featured_media":18062,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3,12],"tags":[104,1388],"class_list":{"0":"post-28606","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-all-news","8":"category-policy","9":"tag-chiwenga","10":"tag-covid-19"},"yoast_head":"\n