Lawyers representing President Emmerson Mnangagwa and Minister of Health and Child Care Constantino Chiwenga had torrid time in court today with Justice Paul Msithu asking why the indefinite suspension of by-elections can’t be lifted when other areas of the economy have been opened up.
This follows after lawyer Tendai Biti charged that the government is selectively implementing provisions of the Constitution and ignoring those to do with holding of by-elections.
Biti said by not holding by-elections the Zimbabwe Electoral Commission (ZEC) is vandalising the Constitution, adding that the motive of imposing a ban on by-elections has nothing to do with COVID-19 but it’s a suppression of democracy.
He was representing Walpe Academy, the Election Resource Centre and 6 other citizens in support of an application filed in October 2020 challenging the indefinite suspension of by-elections in the Zimbabwe by government.
Apparently, Mnangagwa and Chiwenga’s lawyers responded saying section 86 of the Constitution provides for limitation of rights and that COVID-19 hasn’t been conquered yet. The lawyers say the risk of 3rd wave is high.
ZEC lawyer Tawanda Kanengoni supported the government’s lawyers saying that conducting by-elections at a time of COVID-19 pandemic would curtail the effective participation of the electorate.
However, Justice Msithu asked Mnangagwa and Chiwenga’s lawyers; “Isn’t it that elections are just held for one day? Adding that elections have been held in Tanzania and in the US.”
He reminded the lawyers that elections are a national issue.
The High Court judge further charged that: “What makes elections different from any other activities since schools & universities are open & people are allowed to use public transport & are moving around.”
He added that, isn’t it prudent to have time specific suspension of by-elections or can’t they implement measures to be followed in holding by-elections which will contain the spread of the pandemic.
Justice Msithu asked Kanengoni to respond to the fact that other sectors of the economy have been opened up, that there has been progress is, so far as containment of COVID-19 is concerned & that other countries are holding elections.
Meanwhile, the state lawyers could not give a satisfactory response and the matter will be heard later, where the judge is expected to give his ruling.
-Zwnews
