Monday 23 October 2017

ConCourt challenge of denial of diaspora vote - compared to reforms, this is frivolous N Garikai

“ZIMBABWEANS living abroad have filed a fresh Constitutional Court (ConCourt) challenge seeking the striking down of Electoral Act provisions which bar them from taking part in local elections from their foreign bases,” reported New Zimbabwe.

“Today (Friday) we filed an application on behalf of Zimbabweans living and working abroad,” said ZLHR’s Belinda Chinowawa.

“The application is based on a contention that the residents' requirements imposed under the Electoral Act are unconstitutional. (Section 23 (3) of the Act, calls for the removal from the voters’ roll names of those who spend at least 12 consecutive months outside their constituencies.)

“So, the purpose of the application is to ask the Constitutional Court to make a declaration that the residents' requirements are unconstitutional and to facilitate voting from abroad for all Zimbabweans whether or not they are working on behalf of the government or an international organisation as is currently the case.”

Whilst no one can ever dispute that the people in the diaspora have a right to a meaningful vote and the Zimbabwe government should do everything practical and within reason to facilitate this. The Zimbabwe government is already offering this to Zimbabweans on government business abroad, it will not cost much in time, money and energy to extend the facility to include the rest. What one must question here, however, is the wisdom taking the nation’s eyes off the important and urgent matter stopping the ongoing flawed and illegal electoral process to pursue the diaspora vote.

The need for the people in the diaspora to exercise their democratic right to vote is important. The need to stop the flawed and illegal elections going ahead next year until the reforms designed to stop the vote rigging are implemented is the single most important and urgent on the national agenda right now. There is nothing of substance to be gained from winning the diaspora vote if at the end of the day Zanu PF still rigs next year’s elections. Nothing!

It would be better for the nation if ZLHR was challenging ZEC's commitment to ensuring all Zimbabweans in the country who wish to register are afforded the opportunity to do so and ZEC’s commitment to releasing a verified voters’ roll at least one month before the voting day, for example. ZEC should have started the voter registration exercise in 2015 and not last month, less than a year, to the voting day; even with the best will in the world, there is no way the commission can deliver on its two commitments.

ZLHR should be asking ZEC through the Constitutional Court to prove the commission can still register 7 million, release a verified voters’ roll, etc. in the time frame left before next year’s elections. Failure to do so, then the Court must stop the current flawed and illegal electoral process from proceeding any further and call for the necessary democratic reforms and appointment of a more competent ZEC.

The same corrupt and incompetent ZEC failed to produce a verified voters’ roll for the July 2013 elections; a fact noted in the AU election observer team’s report. It will be criminal and dereliction of one’s duty by all concerned if next year’s elections were to go ahead without such a key and fundament document as a verified voters’ roll!  

Even if the regime was to give in and allow some people in the diaspora to vote; what good will that be to the nation if Zanu PF rigs the vote at the end of the day! 

SADC leaders advised Morgan Tsvangirai and his MDC friends NOT to contest the July 2013 elections without implementing the reforms first. As we all know, MDC leaders ignored the advice and contested the elections; which Zanu PF, gratefully, went on to blatantly rig.

Since the rigged July 2013 elections, the country has not implemented even one reform; SADC leaders’ advice not to contest flawed elections is even more germane today than back in 2013. This time, it is not just MDC leaders who have been warned of the folly of contesting flawed elections, we have all been warned. We will all look very foolish indeed if we secured the diaspora vote but fail to stop Zanu PF rigging the elections!

“What a frivolous pursuit. The so-called ZLHR just wants to apply for more USAID funds to eat, nothing more. I won’t be surprised to find out that none of them has registered to vote,” was Tengenenge’s response to the diaspora law suit.

Diaspora vote is important but to take the nation’s eyes off the important and urgent matter of making sure reforms are implemented before elections in pursuit of diaspora vote would indeed be frivolous! 

7 comments:

Zimbabwe Light said...

"Our MDC-T Chitungwiza South District Organizing Secretary was brutalized by a gang of Zanu PF youths in Unit M last night," said Hwende.

"Delmar was among a group of activists that were conducting a voter mobilization program in the town. Delmar is at Chitungwiza Hospital seeking treatment as they butchered his legs with pangas."

Those responsible for this will never be arrested since they are Zanu PF thugs, they are above the law. The only way to end this culture of political violence is for us to implement the democratic reforms, the one thing MDC should have done during the GNU but failed to get even one reform implemented in five years. MDC was advised not to contest elections without implementing the reforms first, but they would not listen!


How long is it going to take this nation before we finally come to our senses and implement the reforms and thus end all this madness.

Zimbabwe Light said...

The people of Zimbabwe have not given the problem of implementing the democratic reforms as the only surety for free, fair and credible election and meaningful democratic change the serious considerable the matter and situation demands. The idea that we can go ahead and hold next year’s elections regardless of the process being flawed and illegal and still get the political changes we want is crazy. Crazy because the most likely outcome is Zanu PF rigging the elections as the party has done in the past and drag the nation even deeper into the political and economic hell-hole we are in.

The least likely outcome is Morgan Tsvangirai winning the rigged elections. This is a nightmare because we already know he is corrupt and incompetent and therefore we know he is not going to bring about the radical changes the nation is yawning for. Tsvangirai will do what Fredrick Chiluba did to Zambia, set the stage for a succession of mediocre regimes.

What Zimbabwe needs is a chance to clear the deck, get rid of all the corrupt and incompetent riff raff the present stifling political system has generated over the years. Holding elections before reforms means the nation’s choice of leaders will be limited to the riff raff already on the political stage. And once is power, they will be very reluctant to implement meaningful democratic reforms that will erode their own ability to hang on to power.

On the other hand, by insisting on implementing the reforms, allow the new democratic system time to imbed itself in the nation and then hold elections; we can be certain that the democratic reforms will implemented. And the imbedding period will allow quality leaders time to rise and outshine the riff raff and thus allow the nation to have the quality leaders it needs so desperately.

A successful Constitutional Court challenge to stop the present flawed elections going ahead will therefore guarantee the next elections are indeed free, fair and credible and guarantee the election of a competent and democratic regime – a regime that will have nothing to fear from granting the diaspora the vote.

Zimbabwe Light said...

“This weekend I spent an afternoon with women and we danced. Never mind that we had our worries and problems, we danced. Women had come to give each other information on registering to vote, and to practically say how the forms are filled and what were the documents one had to have,” Thoko Matshe.

“What will it be like if women danced all the way to the election booth.”

So, do you really think that if you and her lady friends had done your kwasa-kwasa dance in 2013 Morgan Tsvangirai and his MDC friends would have won those elections with a landslide victory? We do not need to bother ourselves with implementing the democratic reforms, Thoko and her girl-power dancing team will put to shame all Zanu PF’s expensive and ruthless vote rigging shenanigans.

No wonder the country is in a serious mess, with such foolishness it is clear we are here to stay!

Zanu PF is already rigging next year’s elections by making it so difficult to register as a vote. It is clear the regime will not produce a verified voters’ roll, etc. But that is all water off a duck’s back to people like Thoko and her kwasa-kwasa dancing girls! Your participation is not going to change the election result all you lot are doing is give the flawed process credibility!

Of course, it is insane to repeat the same thing over and over again and expect a difference result. After 37 years of taking part in rigged elections, instead of implementing the reforms designed to stop the vote rigging, Thoko Matshe have an even better solution – dance! What a bolt of inspiration Thoko!

If the consequences of another rigged elections were not a matter of life and death for so many Zimbabweans – one would laugh! Of course, it is a serious national tragedy that we should have so many mentally challenged citizens with the right to vote! This is worse that teaching a monkey how to use a gun and then realise the stupid animal does not know when to use the gun!

“Never mind that we had our worries and problems, we danced!”

Sure Thoko, you will all dance to the elections booth and to another Zanu PF landslide victory and still continue with the kwasa-kwasa dance, blissfully unaware of what has happened!

At times like this, one cannot help but despair; convinced Zimbabwe has more than its fair share of mentally challenged people!

Zimbabwe Light said...

“The President’s attention was drawn to it (report of challenges faced by students in Russia) when we were in Uruguay and immediately upon hearing that information, the President took action to make sure that particular issue was attended to expeditiously,” said George Charamba.

“Instructions were sent back home to make sure that Government makes good its own commitments in respect of not just students in Russia, but also in China. Government takes a very sensitive view in respect of welfare of students who are abroad; more so, in situations where governments of goodwill would have availed fees, thereby reducing the load that we carry as Government simply to that of travel and subsistence.”

Two weeks ago, President Mugabe had to issue instruction to release money to buy fuel and other basic commodities to starve-off the panic buying cause by the shortages of these basic commodities. This time he is once again scratching around to find money to pay the student allowances studying in Russia and China.

We all know this regime is broke and the nation’s economy is in total economic meltdown. Unemployment is a nauseating 90% and 72.3% of our people are now living on US$ 1.00 or less a day. Zimbabwe’s economic situation is socially, morally and politically unsustainable.

The only way out of this mess is for the country to hold free, fair and credible elections and allow the election of a competent regime that will deal with the root causes of the economic meltdown. Another rigged election next year will make the economic situation worse and trigger social unrest aimed at bringing about meaningful change by force long deny by peaceful means with far reaching disastrous consequences for us all!

Zimbabwe Light said...

Former Zimbabwean vice president Joice Mujuru, who is now leader of the National People’s Party, and leaders of the Democratic Assembly for Restoration and Empowerment, Zimbabweans United for Democracy and People’s Democratic Party have formed the People’s Rainbow Coalition.

Former VP Joice Mujuru has already proven beyond doubt that she is corrupt and incompetent the very fact that there is even a handful of Zimbabweans who still considers her suitable to hold public office only goes to show we still have many people out there who cannot be trusted to make the right decision even when they are presented with all the evidence. That is worrying is that these people have the right to vote!

Nomusa Garikai said...

It is easy to see why Zimbabwe has been a fertile ground for tyrant and mediocre leaders! Here is someone who has been made to jump through all manner of hoops just to register to vote and is beside herself, dancing in the street, to celebrate. She has no clue that the regime has many other devious ways to deny her and many others the vote! She has no clue that she has the right to register and to vote and should be fuming that the regime has denied her this right not just now but for the last 37 years!

Zanu PF has laid the ground work for rigging next year's elections, there is no way the regime is going to release a verified voters' roll for example. In 2013 nearly one million people were denied the vote because their details were not in the constituency voters' roll they expected, the same will happen next year to many dancing in the street pleased that they registered! With no voters' roll they will never get a chance to know which Polling Station they are supposed to go to to vote!

It is insane to keep contesting these flawed and illegal elections. We need reforms before elections!

Nomusa Garikai said...

@ Nyandoro

Thoko is celebrating that she was able to register as a voter and we all know what a challenge this is! The regime is not supposed to make voter registration a challenge but rather the opposite. Thoko has completely missed the point here by celebrating because this will only encourage the regime to set even greater challenges and thus deny many people the vote.

Zanu PF is rigging the elections already and someone is dancing in the street for joy at that just because she and a few others managed to register. If you cannot see there is something wrong here then you are mentally blind!