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MDC-T is dragging its feet, claiming the environment was not conducive for elections while on the other hand senior officials insist that the country should hold the by-elections immediately.
Three MDC-T officials — who are former MDC legislators Abednico Bhebhe (Nkayi South), Njabuliso Mguni (Bulilima East) and Norman Mpofu (Lupane East) — appealed to the Supreme Court against a ruling by Judge President Justice George Chiweshe extending the March 31 by-election deadline to June 29.
The three want polls immediately .
President Mugabe last week successfully sought an extension of the March 31 by-election deadline before Justice Chiweshe.
The Judge President said the holding of by-elections would be costly and unnecessary because the new legislators would be in office for a very short period as the life of Parliament would end by June 29 and there was nothing to suggest that the country could be at war or under a state of emergency to warrant the extension of the tenure of Parliament.
In terms of the Constitution, harmonised elections should be held before the expiry of Parliament.
MDC director for policy and research Mr Qhubani Moyo said MDC-T was being hypocritical and trying to hold the country to ransom.
He said the trio’s application to have by-elections before harmonised polls was just an academic exercise when they knew that in reality they would not get any recourse considering that Parliament’s life was coming to an end.
“What we are seeing is hypocrisy of high levels by MDC-T because they say they don’t want the elections yet on the other hand are clamouring for by-elections,” said Mr Moyo.
“That party leadership is failing to rein in its subordinates to understand that by-elections are no longer necessary considering that the life of Parliament is coming to an end.”
He said the focus should be on the harmonised elections than the by-elections.
Former leader of the Zimbabwe Union of Democrats, Mrs Margaret Dongo, said while it was the trio’s democratic right to challenge the court ruling, the onus was on their party to advise them against such demands considering the economic environment and that harmonised polls were around the corner.
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“What the three are doing is a clear indication that they do not respect Morgan (Tsvangirai) because their leader is agreeable that the country cannot have by-elections now when the general elections will be held soon,” she said.
“The cost of having these by-elections is taxpayer’s money and what this implies is that the three are putting power before the people. They certainly do not mind being MPs for two weeks before Parliament’s life comes to an end.
“Their priorities are wrong. They should look at the (state of the) economy. Finance Minister Tendai Biti who is also their party’s secretary general has indicated that they were struggling to raise money for the general elections. We are appealing to the former MPs to be reasonable. The President and the Prime Minister have agreed that we will just have harmonised elections and that should be respected because of the state of the economy. The three should be cognisant of the challenges on the ground because we have people starving out there who need food. If ever there is money for by-elections then it should be spent on buying food for people who are starving.”
MDC-T spokesperson Mr Douglas Mwonzora, said his party could not influence the decisions of the former legislators arguing that it was their democratic right.
“They have their legal rights to appeal. Their case has been pending at the courts and that is what they are pursuing. We cannot interfere with their legal rights.
“It is their right to have their case the way they deem it fit,” said Mr Mwonzora.
Legal experts, say if the courts rule in favour of holding of the by-elections, it would be unconstitutional to hold by-elections in three constituencies only regardless of the fact that the court judgment specifically dealt with the three constituencies.
They said the by-elections would have to be held in all the vacant constituencies because their circumstances were similar.
Justice and Legal Affairs Minister Patrick Chinamasa last year said if the by-elections were to be held in all the vacant constituencies it would be tantamount to holding a ‘mini’ harmonised poll which would still drain the fiscus financially.
He told the Senate that there were 38 vacant constituencies in both the House of Assembly and the Senate.
Minister Chinamasa added that vacancies in all local authorities would also have to be filled if the country was to hold by-elections.
He said by-elections would chew more than US$38 million.
Last year, the President was ordered to set by-election dates for the three constituencies by March 31 following an application by the three former MDC legislators for the constituencies in question.
The President – through Deputy Attorney-General Advocate Prince Machaya – however, requested for more time arguing that the idea of holding by-elections and harmonised elections a few months later did not make economic and/or practical sense.
The Judge President granted the application.
Online Reporter