By the time the next harmonised elections are held by the end of March next year, the constituents would have gone for effectively the whole term of Parliament without MPs. In addition to the three — Nkayi South (whose MP was Abednico Bhebhe), Bulilima East (Njabulo Mguni) and Lupane East (Norman Mpofu) — that were left with no legislators after incumbents were fired from MDC, there are 35 other constituencies that are vacant. Also there are about 160 rural and urban wards that have no councillors due to deaths and other reasons.
Observers say the failure to replace the MPs has contributed immensely to the marginalisation and lack of development in the respective constituencies.
It is also believed that aside from being sidelined, constituencies that have been left without legislators could have been prejudiced of meaningful development, a scenario that could, possibly, have been different if they had MPs.
Zimbabwe is a representative democracy so the lack of representation prejudices these constituencies as their issues and views cannot find expression on the national agenda.
There is a provision in the Global Political Agreement (GPA) which states that parties to the agreement, Zanu-PF and two MDC formations would not contest each other in the event of a parliamentary or local government vacancy arising within 12 months of the signing of the pact.
“The parties hereby agree that for a period of 12 months from the date of the signing of this agreement, should any vacancy arise in respect of a local authority or parliamentary seat for whatever reason, only the party holding the seat prior to the vacancy occurring shall be entitled to nominate and field a candidate to fill the seat subject to that party complying with the rules governing its internal democracy.”
The law requires by-elections to be held 90 days after the constituency falls vacant.
Dr Lawton Hikwa, the Dean of Students in the Faculty Communication and Information Scienceat Nust said the Government cannot be blamed for failing to hold the by-elections in time because it is clear to everyone that it has no money.
“In reality we need to accept that the State has no money. These by-elections need a lot of money hence people should understand that as a country we do not have money,” said Dr Hikwa.
“We need to hold proper general elections as opposed to these by-elections. We cannot hold by-elections this year and in few months call for the general elections. When it comes to the law it does not make sense because the law requires government to hold by elections within a stipulated time,” he said.
Asked about the effects of these vacant posts to the constituencies, he said this situation is not fair to the constituencies because they people are not being represented in Parliament.
In the urgent application filed by President Mugabe at the High Court this week, he indicated that, according to the Zimbabwe Electoral Commission (Zec) by-elections require about $47million
President Mugabe said: “If we take into account the cost as at present, the funds are not available to hold by elections”.
“I need to inform this honourable court that if we factor in the holding of by-elections, there would be three key events to take place and to be funded by government within the duration of six months,” he said.
“These events are the referendum, the by-elections and the harmonised general elections.”
Zec also estimates that, in addition to the by-election budget of about $47 million, the referendum would need about $104 million while the general elections need $115million.
However, Mr Bhebhe, one of the MPs who launched a High Court application seeking to compel the Government to hold by-elections, said when the vacancies arose two years back there were just five vacant posts in parliament. He said the issue of time and money must not be used as excuses.
“I don’t believe there is no money. The Government is involved in unnecessary spending, buying flashy cars and foreign travelling which has low benefit to the country.
“Most of the Government activities are funded by well wishers. The constitution was funded by the UNDP and Jomic is funded by well wishers.
“So if money could be there for all these activities why can’t it be found for by-elections? They have not approached well wishers who used to fund them and they are talking about lack of funding,” said Mr Bhebhe.
He said some people seem to be satisfied with the inclusive government which, he said, has totally failed to represent people.
He said electors from vacant constituencies are being treated unfairly. He said it was unreasonable for a post to remain vacant for five years.



