[Bill-Watch] Bill Watch 10/2015 of 19th March [22 More Parliamentary Vacancies]
Veritas Bill Watch
bill-watch at veritas.co.zw
Thu Mar 19 13:01:30 CAT 2015
BILL WATCH 10/2015
[19th March 2015]
MDC-T Precipitates 21 More Parliamentary Vacancies
MDC-T Succeeds in Unseating 21 Renewal Team MPs
On Tuesday 17th March similar rulings were handed down, in the Senate by the
President of the Senate and in the National Assembly by the Speaker,
declaring vacancies in:
. 4 Senate seats
. 17 National Assembly seats
in terms of section 129(1)(k) of the Constitution [full texts of both
rulings available from the addresses given at the end of this bulletin].
The lists of the former MPs affected by the rulings are given below.
These rulings were the outcome of written notification, sent to the
presiding officers by the Secretary-General of the MDC-T, that the MPs
concerned had ceased to be members of the MDC-T party [see Bill Watch 9/2015
of 17th March]. The Speaker explained the difference between this new
ruling and his previous refusals to get involved in the internal MDC-T
dispute [in April and November last year] by pointing to changed
circumstances: the withdrawal of the court cases on the dispute that had
been pending at the time of his November ruling and the recent public
launching of the United Movement for Democratic Change [UMDC]. He also
relied on a High Court decision on the corresponding provision in the former
Constitution.
Both rulings confirmed that the President and the Zimbabwe Electoral
Commission would be informed of the vacancies as required by the Electoral
Act.
The vacancies declared on 17th March
Senate
The Senators who have lost their seats are :
HOLLAND, Sekai Harare Metropolitan
MUCHIHWA, Rorana Harare Metropolitan
SIBANDA, Watchy Matabeleland South
CHITAKA, Patrick Manicaland
National Assembly
The 14 vacant constituency seats were formerly held by:
BITI, Tendai Harare East
MADZIMURE, Willias Kambuzuma
MATIBENGA, Lucia Kuwadzana
MADZORE, Paul Glen View
MOYO, Reggie Luveve
MADZORE, Solomon Dzivaresekwa
NYATHI, Bekithemba Mpopoma/Pelandaba
MANYENGAVANA, Moses Highfield West
MHLANGA, Albert Pumula
NKOMO, Sipepa Lobengula
NKOMO, Roseline Tsholotsho
CHIKWINYA, Settlement Mbizo
MOYO, Gorden Makokoba
TSUNGA, Arnold Chikanga-Dangamvura
The three vacant proportional representation seats are those formerly held
by:
MASAITI, Evelyn Harare Metropolitan
MUZHAVAZHE, Judith Masvingo
MATHE, Gladys Bulawayo Metropolitan
Another National Assembly Vacancy
Also on 18th March the Speaker announced the death of Hon Annastancia
Nyahwo, holder of one of the six proportional representation seats for
Manicaland. She died on Friday 13th March. MPs observed a minute's silence
in tribute.
Total Current Vacancies
Senate
There are 5 current vacancies, all in proportional representation seats.
The process for filling of the Manicaland seat formerly held by the late
Kumbirai Kangai has almost been completed; the period for objections to his
nomination expired on 9th March.
The process for filling the 4 new vacancies by party nominations still has
to be started [see below].
National Assembly
There are 23 vacancies.
By-elections have already been gazetted for 5: Mount Darwin West;
Chirumanzu-Zibagwe; Wedza North; Headlands; Hurungwe West. Voting in Mount
Darwin West and Chirumanzu-Zibagwe will be next week, on Friday 27th March.
The breakdown of the 18 remaining vacancies just announced is as follows:
. 14 - constituency seats requiring by-elections
. 4 - proportional representation seats to be filled by party
nominations , including the seat formerly held by the late Hon Nyahwo.
Filling The New Vacancies
Once Parliament has officially informed the President and ZEC of the
existence of these new vacancies, it will the responsibility of:
. President Mugabe or Acting President Mnangagwa, by gazetting
statutory instruments, to order the holding of by-elections to fill the 14
vacancies in National Assembly constituency seats
. ZEC to take the steps outlined by section 39 of the Electoral Act
to get the political parties concerned to fill the 8 vacancies in
proportional representation seats [4 in the National Assembly and 4 in the
Senate].
Constituency seats - by-elections
The statutory instruments must be gazetted within 14 days of his receipt of
notification of the vacancies from Parliament. The statutory instruments
must fix the nomination days and polling days. [See Electoral Act, section
39.]
The polling dates should comply with section 158(3) of the Constitution and
section 39 of the Electoral Act, both of which require voting in a
by-election to be completed within 90 days of the vacancy occurring. As
the MDC-T notifications were received on 4th March 2015, that will be the
effective date of the vacancies - which makes Wednesday 3rd June the last
day for polling if there is to be compliance with the Constitution and the
electoral law.
Note: The 90-day deadline has been ignored in the statutory instruments
ordering the five by-elections already called [Mount Darwin West,
Chirumanzu-Zibagwe, Wed North, Headlands and Hurungwe West].
Proportional representation seats - to be filled by nominees of party
concerned
The procedure is laid down by section 39 of the Electoral Act. For each of
the 8 seats ZEC must invite the political party which previously held the
seat to nominate one qualified person of the same gender as the former
incumbent of the seat. According to section 45D(1)(d) of the Electoral Act,
in addition to the qualifications listed in the Constitution, a nominee must
be registered as a voter in the province concerned.
ZEC will gazette the name of the nominee and call for objections from the
public. If no valid objections are lodged, ZEC will then - by notice in the
Government Gazette - appoint the nominee to fill the vacant seat.
So all four Senate vacancies will be filled by MDC-T nominees [two women to
fill the two Harare Metropolitan vacancies; a man to fill the Matabeleland
South vacancy; and a man to fill the Manicaland vacancy].
The four National Assembly vacancies will be filled by women - three MDC-T
nominees [one each from Bulawayo and Harare Metropolitan, and one from
Masvingo] and one ZANU-PF nominee [from Masvingo].
Note: This procedure has already been used in respect of the first two
Senate proportional representation vacancies, resulting in the appointment
of Ms Hildah Bhobho to fill a ZANU-PF seat for Mashonaland West [formerly
held by the current President of the Senate Ednah Madzongwe] and the
nomination of Mr Shadreck Chipanga to fill a ZANU-PF seat for Manicaland
[formerly held by the late Kumbirai Kangai]. Mr Chipanga's appointment is
expected to be announced shortly.
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legal responsibility for information supplied
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