04 March 2022
Prosperity Sikhosana
The legal advisor to MDC-T party and Douglas Mwonzora’s aide, Tapera Sengweni has made an application to stop the March 26 by-elections.
Sengweni made a constitutional court application against the approaching March by-elections, arguing that the Zimbabwe Electoral Commission (ZEC) failed to hold elections within the time frame prescribed by the Country’s laws.
The application was on his behalf and that of Vinnah Mbele, Edify Kudzaishe Vushoma and Phanuel Tsvanu.
The respondents cited were the president of the country Emmerson Dambudzo Mnangagwa and ZEC.
Sengweni argues Mnangagwa declared, on the 24th of December 2021 by-elections in parliamentary and council constituencies across the country. On the 27th of January 2022, Mnangagwa made another proclamation of more by-elections in more parliamentary constituencies.
“This is an application for a determination that the 1st Respondent (Mnangagwa) failed to call for by-elections in all the 28 house of assembly seats and council seats within the time stipulated by the constitution of Zimbabwe and therefore an order declaring that the two purpoted proclamations above are unconstitutional, therefore null and void ab initio.”
Further supporting his argument, Sengweni notes that Zimbabwe is not in a good financial state to hold by-elections hence the country should wait for general elections due in 2023.
In his founding affidavit, Sengweni asserts that,
“As a small economy, Zimbabwe has financial challenges that are affecting the greater majority of its population. The government is struggling to pay its employees a living wage.”
With that he argues that it is “not prudent to drag the country into another plebiscite whose outcome does not change the numerical configuration of Parliament in any way.”
Sengweni argues that the by-elections are too expensive and needless as the general election is in 16 months hence they are out of time.
The March 26 by-elections are set to be held to fill in 28 National Assembly and 121 Council seats.
This is after the seats were left vacant when Mwonzora recalled representatives for standing by Nelson Chamisa after he assumed power at the MDC-T Party.
In response to the application by Sengweni, spokesperson of CCC Fadzai Mahere tweeted:
“You stole our funds, you stole our building, you recalled MPs, you said you were rational, you said the name was yours, you said judgement gave you superpowers. Yet you’re still afraid of an election.
“You recall MPs then fearing your lack of popular support, you try and block a by-election through a court application. Before we even go into matters of constitutional interpretation, how can you recall MPs then reject the lawful process for those MPs to be replaced? Afraid much?”
Zim GBC News