No money for by-elections: Biti

Minister Biti told our Harare Bureau that there were priority areas that needed funding besides the elections.
Government, he said, had not budgeted for by-elections this year.

“There are two conflicting issues which are affordability to fund by-elections versus respect of the court order. The fact is that we had not budgeted for the by-elections,” he said.

“At the present moment, our major challenge is bonuses and the 2012/2013 agricultural season. To make matters worse, our August figures (revenue collection) are down by $24 million.

“We have just spent $3 million for the urgent restocking in Matabeleland region. We have also paid $10 million to seed and fertilizer companies that we owe about $48 million. Our budgetary pressure is very acute.”

Minister Biti said if the by-elections were to be held in the three Matabeleland constituencies in line with the court order, Government would compromise and fund the polls.

“However, if they are to be held in all the (28) vacant constituencies, then it is financially impossible.

“About $60 million will be required for all those vacant constituencies because it is more of a national election because the constituencies are scattered throughout the country.

“This also means that it is financially impossible to have general elections this year,” Minister Biti said.

Instead, he said, Government was focusing on the referendum after availing about $25 million for the just-ended census.
By-elections, he said, were down the Government priority list.

Legal experts, however, said 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.

“The President is bound to comply with the order, which in principle should be for all the vacant constituencies though failure to hold them in other constituencies will not constitute contempt of court,” said University of Zimbabwe law lecturer, Professor Lovemore Madhuku.

“If the President only calls for by-elections in those three constituencies, he will be in serious violation of the constitution.

“Although the court was dealing with three constituencies, the net effect of the judgment was to tell the President that he is acting unlawfully by not calling for by-elections in all vacant constituencies.”

Prof Madhuku said if by-elections could not be held then general elections were supposed to be held.

Director for Zimbabwe Lawyers for Human Rights, Ms Irene Petras, said by-elections were supposed to be held in all the vacant constituencies in compliance with the constitution.

“In terms of the law, by-elections should be held in all the vacant constituencies. The responsibility is on the President to set the date for by-elections.

“On the issue of resources, Government can approach the court and express their challenges. They will then have to wait for  the court to make a decision,” Ms Petras said.

The Supreme Court recently upheld a High Court decision that by-elections be held in the three constituencies in Matabeleland — Lupane East, Bulilima East and Nkayi South.

This was after three former legislators who lost their seats following their expulsion from the Professor Welshman Ncube-led MDC, Mr Abednico Bhebhe (Nkayi South), Mr Njabuliso Mguni (Bulilima East) and Mr Norman Mpofu (Lupane East) instituted a court action.

They declared their interest in contesting the by-elections as independent candidates.

In its judgment, the court ruled that by-elections were to be held despite Government’s submission that there was no money for the polls.

The President was given up to 1 October to proclaim dates for the by-elections.

The Professor Welshman Ncube-led MDC formation argues that the three former legislators were ineligible to stand in the by-elections if they were to be held because of the moratorium among the parties in the coalition Government that they would not contest each other.

The three have since defected to MDC-T.

However, Zanu-PF spokesperson, Cde Rugare Gumbo, recently said the moratorium had expired and the parties were supposed contest each other in polls.