Chamisa free to boycott elections -there is no law to force him to participate

Asked: “But we are talking about what is considered a major player in the process. If they decide not to participate will it not render the process a sham and its outcome?” she responded:

“I would like to go back to the Constitutional Court and the judgment which they gave sometime I believe was in February 2018. The Chief Justice has given us guidance. Remember we said as an Electoral Commission we are always guided by law.

“Two political parties went to the Constitutional Court and asked the Constitutional Court to stop the election on the basis that they would like the law changed with regards to financing of political parties, they were of the view that the law was not fair to them.

“They said dear Constitutional Court please stop the election so that we can change this law so that it is fair to all of us. I have said and I was paraphrasing what the Chief Justice said in that judgement, he said, once the President proclaims the election date nothing can stop that election because in proclaiming the election date, he is exercising an exclusive mandate which is derived from the constitution.

“Once an election date is proclaimed, those timelines which kick in up to this date cannot be stopped by a court of law. If you actually take that judgment – it`s a judgment of the full bench of the Constitutional Court – and you read it, the Chief Justice actually says that it would be incompetent for any court in Zimbabwean to make a court order to stop the election because an election is called in terms of the constitution.”

Chigumba said she had merely paraphrased the court’s decision. This was not her opinion or that of the ZEC.

“I did paraphrase what the Chief Justice said, I said in other words he said nothing short of an earthquake will stop the election. I was telling stakeholders that we are guided by what the constitutional court said. To answer your question directly, I believe that we have been guided by the highest court in the land that once the election date has been proclaimed nothing can stop that election. It is a question of the law which has been interpreted for our guidance by the Constitutional Court; it is not ZEC playing games with anyone, it is the law.”

When told that, some people thought she was being arrogant, she replied: “My response to that is that I am not being arrogant when I am merely interpreting a judgment of the Constitutional Court. I may have paraphrased what the Chief Justice may have said but in essence, that was the ratio decidendi of that judgment from the Constitutional Court in dismissing that application by political parties which said please stop the election because we need to do certain things.

“The Chief Justice said once a proclamation has been made nothing can stop an election, it is there in that judgment. I was merely paraphrasing those words in a bid to advise stakeholders that whatever legal remedies you may have, stopping an election is not one of them.”

(350 VIEWS)