FORMER Zimbabwe Electoral Commission (Zec) commissioner Qhubani Moyo says there is no law stating majority rule in the commission’s decisions.
Moyo made the remarks after seven Zec commissioners reportedly disowned a preliminary delimitation report tabled in Parliament on Friday last week.
The commissioners have allegedly written to President Emmerson Mnangagwa proposing that the delimitation report be abandoned, saying it was flawed and not people centred.
But Moyo, in his analysis posted on Facebook, said Zec chairperson Priscilla Chigumba has the power to override decisions by the other commissioners.
“The independence of Zec is well provided for in the Constitution of Zimbabwe and no State organ should or can interfere with its processes and mandate. In the case of delimitation processes Parliament can give an opinion which Zec may choose to take on board or reject. Zec is not bound to follow such an opinion as it is not prescriptive, but persuasive except where it is a breach of the Constitution,” Moyo said.
“The chairperson of the commission, whose appointment process is different from the rest of the commissioners, is the official communicator for the commission and there are no provisions that decisions of the commission should be majoritarian.
“In the event of unreasonable sustained debates over issues that are bound to create a national crisis the chairperson and chief elections officer are eligible candidates to make pronouncements in the best national interest.”
Moyo gave reference to the Kenyan polls held last year where some commissioners disowned presidential results.
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That country’s Supreme Court, however, upheld the results.
“The decision by the seven Zec commissioners to deny paternity of a delimitation report they ‘fathered’ is professionally unacceptable and not in the best interests of the nation as they should not reject the outcomes of a process they were part of,” Moyo added.
Zec is expected to produce a final delimitation report by January 28.
Moyo, however, said using 2008 constituency boundaries is retrogressive, and does not give a proper picture of the electoral geography of the country.
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