admin
warranting an extension as required under the current Constitution, Clerk of Parliament Mr Austin Zvoma has said.
Legal experts say the life of Parliament can only be extended during a war or when a state of emergency has been declared.
In an opinion piece published in our sister paper, the Sunday Mail yesterday, Mr Zvoma said the Constitution did not provide for a four month period to hold an election following the dissolution of Parliament as was being alleged in some quarters.
He said it was wrong for people to say section 58(1) of the Constitution provides for a period of up to four months within which the elections can be held after dissolution of Parliament.
“The section unequivocally states that a general election ‘shall be held on the day or days within a period not exceeding four months after the issue of a proclamation dissolving Parliament.’
“The operative words here are ‘after the issue of a proclamation’ dissolving Parliament. In essence, this section gives the President a four-month time-frame within which to announce the date of a general election. Put differently, the President cannot issue a proclamation dissolving Parliament more than four months before,” he said.
Related Stories…
Mr Zvoma said the President could, therefore, have issued a proclamation dissolving Parliament on March 1.
“This section has been mischievously interpreted even by some prominent lawyers as meaning that a general election can be held within a period not exceeding four months ‘after dissolution of Parliament’.
“Section 58(1) refers to elections being held within a period of four months after an announcement (issue of a proclamation) dissolving Parliament before the date of a general election determined after taking into account the provisions of section 63(7) and (4). The purpose of section 58 (1) is that because a general election is a very important national event, the President must officially inform political parties and the electorate for them to be prepared. The President cannot announce dissolution of Parliament on the day nor can he inform them of the date of a general election just a day before.
“To read section 58(1) as allowing a period of up to four months to hold a general election after the dissolution of Parliament is to attempt to create circumstances for a third extension of the life of Parliament, which would be unconstitutional,” he said.
Under the current Constitution, the life of Parliament can only be extended in two instances; firstly when the country is at war and secondly when there has been a declaration of a state of emergency.
He said section 63(7) states that “dissolution of parliament, whether before or at the expiry of the five-year life of parliament, shall take effect on the day preceding the day or first day of a general election fixed by proclamation in accordance with section 58(1) of the Constitution. The general effect of this provision is that general elections must take place a day after dissolution of parliament.”
Mr Zvoma said there could, therefore, not be a gap between the dissolution of Parliament and the holding of a general election.
He said arguments proffered by some were political and logistical but not constitutional.
“In view of the fact that Cde Robert Gabriel Mugabe was sworn in as President on . . . June 29 2008, the five years of Parliament shall expire on 29 June 2013 after which, unless he sooner dissolves it, Parliament shall stand dissolved.’’
Zanu-PF has insisted that the elections should be held by June 29 when the life of the Seventh Parliament ends while the MDC formations want the elections to be held by October arguing that there are some ‘outstanding GPA issues’ to be implemented.
Online Reporter