New rule for legislators

The commission will automatically disqualify those candidates who fail to produce the authorisation certificates.

 

Independent candidates will, however, be exempted from this requirement.

The new requirement is meant to do away with more than one candidate submitting papers purporting to represent the same party for one constituency.
ZEC acting chairperson, Mrs Joyce Kazembe, yesterday said the new rule was a prerequisite for all aspiring legislators who represent political parties.

“Previously, the act was silent on the need for the endorsement by political parties but now the law provides that they must bring the endorsement letters from whoever is mandated by each party to sign on its behalf,” said Mrs Kazembe.

“If there is more than one candidate in one constituency and only one has the confirmation letter, then the other candidates will have to stand as independents because they cannot purport to represent a party that has not endorsed them.”

Part X11, Section 46 (2) of the Electoral Act states; “Where a nomination paper specifies the matters referred to in paragraph (c) of subsection (1), the nomination paper shall be countersigned by an officebearer of the political party concerned with authority to certify that the candidate is to stand for or be sponsored by that political party.”

Justice and Legal Affairs Minister Patrick Chinamasa, yesterday said the new regulations were meant to do away with double candidates from the same party in one constituency. He said the last harmonised elections in 2008 were characterised by more than one candidate representing the same political party in one constituency. “This is meant to ensure that there are no double candidates in one constituency belonging to the same political party,” he said.

“This time it will not happen because the office bearers with the mandate to give authorisation letters will not give those letters to more than one candidate.”

Minister Chinamasa who steered the Act said parties were expected to submit to ZEC the names of the people authorised to sign the confirmation letters. He said any candidates who failed to produce authorisation letters would not be allowed to purport to represent a party.

In a consultative meeting with political parties last week, ZEC commissioner and University of Zimbabwe law lecturer, Professor Geoff Feltoe said the new provisions were meant to do away with situations where two candidates from the same party submit nomination papers for the same constituency.

Before this law, parties lost some seats after their candidates contested each other splitting votes in the process. It also cost ZEC administratively as more paper work had to be done. 
Zanu-PF and the MDC formations were also affected as their losing candidates went on to file the nomination papers in defiance of their parties.

In the last harmonised elections, Zanu-PF, MDC-T and MDC fielded more than one candidate in the same constituencies in about 20 House of Assembly seats with some of the candidates withdrawing just before the polls.

Zanu-PF fielded more than one candidate in five constituencies while four candidates withdrew at the last minute. On the other hand, MDC-T had more than one candidate in nine House of Assembly constituencies and four Senate constituencies.

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