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The Zimbabwe Electoral Commission (ZEC) says preparations for the 09 December 2023 by-elections are now at an advanced stage.
This comes after ZEC recently announced the list of candidates who were duly nominated for election to the National Assembly.
Speaking to <a href="https://www.herald.co.zw/by-election-preps-on-course-zec/">The Herald</a>, ZEC deputy chairperson <a href="https://pindula.co.zw/Rodney_Kiwa">Rodney Kiwa</a> said the elections management body is adequately prepared for the elections. Said Kiwa:
<blockquote>
Preparations of the December 9 elections are now at an advanced stage and ZEC has now released the list preliminary polling stations. We are adequately prepared for the elections.
</blockquote>
Last week, ZEC gazetted 513 preliminary polling stations that will be used in the by-elections, with the final list of polling stations set to be published on polling day.
In all, but one of the nine constituencies, the Citizens Coalition for Change (CCC) has nominated two candidates.
By-elections will be held in Beitbridge West, Binga North, Bulawayo South, Cowdray Park, Lobengula-Magwegwe, Lupane East, Mabvuku-Tafara, Mpopoma-Mzilikazi and Nketa constituencies.
CCC won all the nine constituencies in the 23-24 August 2023 general elections. But in October, CCC activist <a href="https://pindula.co.zw/Sengezo_Tshabangu">Sengezo Tshabangu</a> recalled the legislators after declaring himself the party’s interim secretary general.
Tshabangu subsequently recalled more MPs and councillors and the number of CCC representatives he has recalled to date stands at 27 MPs, 14 senators, and 69 councillors.
More: <a href="https://www.pindula.co.zw/2023/11/18/president-mnangagwa-reverses-the-appointment-of-general-valerio-sibanda-to-zanu-pf-politburo/">Pindula News</a>

Pindula News

Preparations For By-elections At An Advanced Stage - ZEC

The Election Resource Centre (ERC) has accused the Zimbabwe Electoral Commission (ZEC) of violating the Constitution by failing to publish the voters’ roll ostensibly to protect voters’ data in accordance with the Data Protection Act.
This comes after High Court judge Justice Never Katiyo rejected an application by Harare North MP, Allan Markham, who sought the court to compel ZEC to release the voters’ roll.
He said the release of the electronic voters’ roll would expose the document to manipulation.
But in a statement issued on Wednesday, ERC said ZEC’s reasons for withholding the Voters’ Roll were unconstitutional and will affect the credibility of the elections. Reads the statement:
<blockquote>
The ERC notes the statement made by the ZEC Chairperson Honourable Chigumba in Parliament on 5 April 2023.
The Chairperson is quoted stating that the Electoral Commission is unable to publish the voters’ roll as it has the responsibility to protect the data of voters in accordance with the Data Protection Act.
While the Data Protection Act is there to provide for data protection with due regard to the Declaration of Rights under the Constitution, the act also addresses the protection of data in terms of public and national interest.
Section 11 (5) (h) of the Data Protection Act states that the data controller (ZEC in this instance) shall process sensitive data if, “the processing of data is authorised by a law or any regulation for any other reason constituting substantial public interest.”
Section 21 (3) of the Electoral Act legally authorises the Commission to within a reasonable period of time provide any person who requests it, and who pays the prescribed fee a copy of any voters’ roll either in printed or in electronic form as the person may request.
Therefore, ZEC is legally obligated by the Electoral Act read in line with the Data Protection Act to avail the voters’ roll data, especially as it constitutes substantial public interest as the roll is necessary for electoral participation and the realisation of political rights as envisaged by the Constitution.
The continued denial of the voters’ roll especially, to persons with a legitimate interest in the voters’ roll and free and fair elections, such as political parties, candidates and CSOs under the guise of data protection is unlawful and detrimental to the credibility of the 2023 Harmonised Elections.
The ERC repeats its calls, that the voters’ roll should be made public, as the credibility and validity of the delimitation process and the 2023 Harmonised Elections are dependent on it.
</blockquote>
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

ERC Criticises ZEC For Refusing To Release Voters' Roll

The Zimbabwe Electoral Commission (ZEC) said that with effect from 20 February 2023, only three senior officials are allowed to speak on behalf of the elections management body.
The <a href="https://www.chronicle.co.zw/zimbabwe-electoral-commission-appoints-three-spokespersons/">Chronicle</a> reported that ZEC chairperson Justice Priscilla Chigumba, her deputy Rodney Kiwa and Chief Elections Officer Utoile Silaigwana will be solely responsible for ZEC’s communication affairs.
Chigumba said the appointment of the three spokespersons is in line with the Electoral Act. She said:
<blockquote>
In terms of the Electoral Act and by the operation of law and virtue of conditions of oath of office and the ZEC Public Relations and Communication Policy, the following are the three officials statutorily designated to be the spokespersons of ZEC: a) Chairperson Honourable Justice P M Chigumba, b) Deputy chairperson Ambassador R Kiwa, c) Chief Elections Officer, Mr. U Silaigwana.
In light of the above, members of the public and electorate are hereby advised that with effect from 20 February 2023 the above-mentioned three people are exclusively spokespersons of ZEC.
</blockquote>
Chigumba said ZEC will respond to all media queries within 72 hours of receipt.
Prior to the latest development, Jasper Mangwana was the ZEC spokesperson after taking over from Joyce Laetitia Kazembe on the 18th of March 2022.

ZEC Appoints Three Spokespersons

President Emmerson Mnangagwa, who is currently on his annual leave, on Monday received a copy of the Preliminary Delimitation Report from the Zimbabwe Electoral Commission chairperson (ZEC) Priscilla Chigumba, at State House.
This was revealed in a statement by the Acting Chief Secretary to the President and Cabinet George Charamba today. He said:
<blockquote>
His Excellency the President, Comrade Dr ED Mnangagwa, today received a copy of the Preliminary Delimitation Report from the Chairman of the Zimbabwe Electoral Commission, ZEC, Justice Priscilla Chigumba, at State House.
In terms of the law, His Excellency is required to cause the Report to be tabled before the Parliament of Zimbabwe within 7 working days from the date of presentation of the said Report.
</blockquote>

Mnangagwa Receives ZEC Preliminary Delimitation Report

The Zimbabwe Electoral Commission (ZEC) has dismissed as uninformed reports that it was captured by the executive arm of government after it failed to stand firm on by-election dates.
This comes after the electoral body has received criticism from various quarters including <a href="https://zero.pindula.co.zw/why-zec-should-be-ashamed-magaisa/" rel="noopener noreferrer" target="_blank">law expert Alex Magaisa</a> for <a href="https://zero.pindula.co.zw/zec-speaks-on-chiwengas-suspension-of-by-elections/" rel="noopener noreferrer" target="_blank">confirming the indefinite suspension of by-elections</a> Vice President Constantino Chiwenga who doubles as the Health minister.
B<a href="https://zero.pindula.co.zw/vp-chiwenga-bans-holding-of-by-elections/" rel="noopener noreferrer" target="_blank">locking the by-elections</a>, Chiwenga cited the prevalence of the coronavirus pandemic but some view the suspension as <a href="https://zero.pindula.co.zw/chiwenga-betrayed-his-political-motives-ex-d-minister/" rel="noopener noreferrer" target="_blank">a political strategy with nothing to do with the novel virus.</a>
ZEC chairperson, Justice Priscila Chigumba, speaking in Darwendale Tuesday at a training workshop for journalists organised by Zec, said the commission was just an administrative body with no power whatsoever to make policy or challenge the Executive. She said:
<blockquote>When you go and look at the Constitution and the Electoral Act, only His Excellency, the President, can announce the date of by-elections. He does that by gazetting it. He only does that in consultation with us. We do not have a mandate where we can stand up and say by-elections will be conducted tomorrow. There is a piece of paper that is signed by His Excellency to say he has consulted us, he has consulted other stakeholders, he in his considered view agrees that by-elections can be held on such and such a date.
It is my very considered view that this is not a reflection of a lack of independence on the part of Zec, if by independence you mean Zec should willy-nilly proclaim election dates which it has no power to do, then I would say it’s premised on the lack of understanding of the Electoral Act and the Constitution.</blockquote>
Zec has been criticised particularly by opposition political players and their supporters over allegations of lack of independence.
MDC Alliance, in particular, claims ZEC connived with the ruling ZANU PF to manipulate results of the 2018 presidential election in favour of President Emmerson Mnangagwa.
The by-elections were meant to fill posts left vacant mainly by MDC Alliance legislators who were recalled by MDC-T interim leadership.
More: <a href="https://www.newsday.co.zw/2020/11/were-not-in-control-zec/" rel="noopener noreferrer" target="_blank">NewsDay</a>

"You Don't Know Our Mandate", - ZEC On By-Elections

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