THREE former MDC MPs thrown out of Parliament after being expelled by their party have launched a court bid to force President Robert Mugabe to call by-elections in their constituencies.
Former Nkayi South MP Abednico Bhebhe, Njabuliso Mguni (Lupane East) and Norman Mpofu (Bulilima East) say it is “an anathema to democracy” that by-elections have not been called over a year on.
The three MPs were expelled by the MDC led by Deputy Prime Minister Arthur Mutambara in July 2009 after a disciplinary found them guilty of misconduct on allegations of undermining the party’s leadership and actively working with the rival MDC led by Prime Minister Morgan Tsvangirai.
According to the parliamentary lobby group Veritas, there are currently 10 vacant seats in Parliament and six in the Senate.
A power sharing agreement signed in September 2008 between the two MDC factions and President Robert Mugabe’s Zanu PF party states that where an electoral vacancy arises in the 12 months before September 12, 2009, the party which previously won the election in that particular constituency will not be challenged in a by-election – although this is only binding to the three parties and would not prevent other smaller parties and independents contesting.
In his founding affidavit filed at the High Court this week, and supported by his colleagues, Bhebhe sought an order compelling the Chairman of the Zimbabwe Electoral Commission (ZEC), the Zimbabwe Electoral Commission and President Mugabe to gazette a date for the by-elections within 14 days of the order sought being granted.
Bhebhe said: “Nkayi South Constituency, despite the lapse of a year since the termination of my membership of Parliament, remains without a Parliamentary representative. It is quite an anathema to democracy and quite unconscionable that in a representative democracy, a constituency can remain unrepresented in Parliament for more than a year.
“It appears that President Mugabe, despite being informed that a vacancy has arisen in the membership of Parliament in the House of Assembly seat of Nkayi South Constituency, has not acted in compliance with the provisions of Section 39 (1) as read with sub-section (2) (a) of the Electoral Act (Chapter 2:13).”
Bhebhe says calling a by-election is “in all fairness and in consonance with the dictates of democratic practices”.
He adds: “I am not aware of any date for general elections in Zimbabwe. In other words, I do not know when the next general elections will be held in Zimbabwe. However, such a date is clearly not there in the next 21 days. That is the only exception that the law provides otherwise President Mugabe is obliged to gazette dates of the by-elections within 14 days.”
The new Zimbabwe Electoral Commission chairman Justice Simpson Mtambanengwe, the ZEC and President Mugabe have 10 days in which to file a notice of opposition to avoid a default judgment.
Late last year, the Joint Monitoring and Implementation Committee set up to monitor the implementation of the power sharing pact said delays in the establishment of a reformed Electoral Commission -- sworn in only last in March this year -- was holding back the by-elections.