Zec disqualifies Gono

HARARE - Zimbabwe Electoral Commission (Zec) has disqualified former Reserve Bank governor, Gideon Gono, from filling a senatorial vacancy in Manicaland.

This comes after Manicaland voted Gono to replace the late Kumbirai Kangai, who was declared a national hero and buried at the National Heroes Acre in August last year.

The Zanu PF politburo has ratified the decision, with only a handful of ruling party hawks opposing him.

Zec chairperson Justice Rita Makarau, said in “view of the fact that Dr Gono is, on the face of it, not as of now resident in any ward in Manicaland, he then becomes disqualified to fill a vacancy in the province in terms of Section 45D (1) (d) of the Electoral Act (Chapter 2.13).”

The letter, dated September 15, was addressed to the Zanu PF national chairman Simon Khaya Moyo.

ZEC was responding to a letter dated September 9, 2014 which was titled: Submission of a name to fill a vacancy in the senate following the death of Kumbirai Kangai.

Makarau wrote: “We wish to advise honourable chairman that, according to our records, Dr Gideon Gono is not registered as a voter in any of the wards in Manicaland Province.

“This is notwithstanding the certificate of registration of a voter serial no. 454601K, issued at Makombe Building on 5 December 2013, attached to his nomination forms.

“As you are aware honourable chairman, the constitutional function to register and transfer voters vested in the then Registrar General of Voters in accordance with provisions of clause 6 (2) of Part 3 of the Sixth Schedule to the constitution for the purposes of the 31 July, 2013 ceased when the voters roll for those elections closed on 10 July, 2013.

“Any purported transfer of a voter by the registrar-general after that date is of no force and effect and is constitutionally unsustainable.”

Makarau said now that the function to register and transfer voters is vested in the Zec, the most practical way around the current difficulty would have been for Gono to apply to Zec to transfer his vote from Harare to Buhera West.

“Again, honourable chairman we regret to advice that whilst we now have the constitutional mandate to register and transfer voters, and are willing and ready to register and transfer voters, there is no legal framework on voter registration and allied matters as envisaged in section 157 (1) (b) of the Constitution, a vacuum that has made us hold back at voter registration, thereby prejudicing not only Dr Gono in this case, but generality of the electorate in Zimbabwe,” Makarau’s letter said.  

Comments (7)

Gono'll be railroaded to the senate if that's what the president&Grace want .There is just no constitutional law to talk about here.There is no legal framework Makarau is talking about.She can go hang as she does not appreciate the respect she got from ZANU PF.

chakachaya - 24 September 2014

An Act of Parliament must provide for "the registration of voters, and requirements for registration on particular voters' roll". The Act is not there

petso - 24 September 2014

Mutemo hauna basa rese kuZANU PF vanongovhuna pavanodira mirai muone zvimwe vachashandisa presidential powers act kuti zviiite nenkani

MukarangawekuMberengwa - 24 September 2014

Watch how the powers that are at the top will rush in and sweep things behind closed doors for him to enter

livingin the real world - 24 September 2014

The fact that ZEC has conceded that they are with effect from after the last election now solely in charge of voter reg is critical to DEMOCRACY and Future Elections . Tobaiwa Mudede is the biggest Election Rigging Machinery in place for ZANU PF.

Madzibaba Ishmael - 25 September 2014

For once I support Rita Makarau's decision of disqualifying Gono from contesting in Manicaland when he does not reside there, but isn't that the case with more than half of the members of parliament? A perfect example is of one Gokwe legislator who was recently beaten up in brawl by another legislator at a shopping center in Kwekwe. But as we all know, anything in ZANU is possible, like getting a PHD in a record 3 months.

Dr Know - 25 September 2014

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