A HARARE resident, Nixon Nyikadzino, has made an application to the Supreme Court to overturn a Constitutional Court (Concourt) judgment that compelled President Robert Mugabe to hold elections by July 31.
Report by Nduduzo Tshuma
In his application, through Dube Manikai and Hwacha Legal Practitioners, Nyikadzino said it was legally and constitutionally impossible for all processes required to enable free and fair elections to be held on or before July 31 2013 without violating his rights.
Nyikadzino said should Mugabe, cited as first respondent, proceed with proclaiming an election by July 31, his political rights and other civil rights; right to administrative justice and right to equal protection and benefit of the law, would be violated.
“My fear is that given the short time that is left, the respondents cannot fulfil their obligations without infringing on my rights,” he said.
“In particular the respondents have to fulfil their obligation of aligning electoral laws to the Constitution and the fifth respondent (Zimbabwe Electoral Commission — ZEC) has to carry out a voter registration and inspection exercise.
“Further the fifth respondent has to carry out voter education and conduct and supervise preparations for the holding of elections.”
Nyikadzino said what compounded his fears was that there had already been an admission by ZEC that the voters’ roll was in a mess and had to be cleaned up. He said in complying with the Concourt judgment, the President had an obligation not to infringe the “law and or any of my constitutional rights as a voter and citizen of Zimbabwe”. “There has not been progress in key and mandatory processes necessary for the holding of free and fair elections,” he argued.
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“Some of the processes have not yet commenced and others are about to commence, none having been finalised.”
Nyikadzino said the processes included the enactment and publication of a compliant Electoral Act, preparation of a code of conduct for political parties candidates and other persons, voter education and registration, voters’ roll inspection and nomination processes all of which are critical requirements for the holding of lawful, free, fair and credible elections.
“In addition, as a voter I have a reasonable apprehension that election, related violence may ensue as has happened in past elections,” he continued. “The fifth respondent has not set up appropriate systems and mechanisms to eliminate electoral violence and other electoral malpractices.”
“I failed to vote in June 2008 because of threats of violence and have a legitimate expectation that such systems and mechanisms to guard against electoral violence are fully publicised, functional and effective before and during the forthcoming elections,” he said. Nyikadzino said time had to be made available for a voter registration and inspection of voters’ roll in a minimum of 30 days after May 22, the date the new Constitution was published.
“Amendments to the electoral law inter alia and specifically to include the production and publication by fifth respondent of a code of conduct for parties, candidates and other persons, mechanisms for proportional representation, timelines for voter education, accreditation of observers, enforcement of media related provisions and other related issues,” he opined.
He said there would be need to give time for publication of the proclamation calling for an election, nomination of candidates at least 14 days after the publication of the proclamation and thereafter polling can only take place at least 30 days after the nomination of candidates. Nyikadzino said he had learnt through the media that the intensive voter registration was scheduled to begin on Monday, hence a legitimate election can only be held on or after August 25 2013.
“Fifth respondent is required to conduct and supervise voter education,” he said. “Since these are the first elections after the enactment of a new Constitution, I have a legitimate expectation that I and the generality of Zimbabweans have a right to get intensive voter education in order to be informed of the key electoral processes and procedures.”
Nyikadzino said there was need to afford ZEC reasonable time to ensure that other citizens and him access voter education and benefit from such voter education, to enable him to fully comprehend complexities of the new intricate electoral processes so as to freely make political choices.
