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Citizens Coalition for Change (CCC) leader Nelson Chamisa says his rival Douglas Mwonzora was imprudent when he allegedly hobnobbed with ZANU PF after he became the leader of MDC-T.
Chamisa made the remarks following Mwonzora&#8217;s unsuccessful application challenging the Zimbabwe Electoral Commission (ZEC)’s delimitation report.
On Monday, the Constitutional Court dismissed Mwonzora&#8217;s application seeking nullification of the delimitation report.
Had the Constitutional Court granted Mwonzora’s application, the 2023 general elections would have had to be postponed.
Posting on Twitter, Chamisa said opposition leaders should never trust ZANU PF as doing so will end in tears. <a href="https://twitter.com/nelsonchamisa/status/1655548970993590272?s=20">Wrote Chamisa</a>:
<blockquote>
Never, never go to bed with Zpf. It’s dangerous! Maybe just go to dinner but then use a very long spoon. Otherwise, it will end in tears!
</blockquote>
Speaking to reporters outside court after the ruling, Mwonzora said the court made a political judgment. He said:
<blockquote>
Their (judges’) argument is that they do not have jurisdiction, in other words, that they don’t have the power to hear the case. In our respective view, the court has made a political judgment.
</blockquote>
Mwonzora&#8217;s lawyer Lovemore Madhuku <a href="https://www.newzimbabwe.com/it-will-end-in-tears-chamisa-taunts-mwonzora-after-concourt-tosses-mdc-leaders-delimitation-report-challenge/">hinted that</a> they would likely seek a declaration that ZEC’s delimitation report is invalid at the High Court.
The general elections must be held between 26 July and 26 August, to comply with Constitutional regulations that the election must come not more than 30 days after the expiry period of the current Parliament.
President Emmerson Mnangagwa recently said he will proclaim the election date before the end of this month.
Current laws also stipulate that a proclamation can only be made 44-88 days before the election date.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

Chamisa Mocks Mwonzora After ConCourt Dismisses Delimitation Report Challenge

The postponement of the 2023 general elections will throw Zimbabwe into a mild constitutional crisis, as from August 26, 2023, there won’t be any legitimately elected office bearer in the presidency, parliament as well as local authorities.
This was said by the National Democracy Institute of International Affairs (NDI) Senior Programmes Officer Jack Zaba.
It comes after MDC-T leader Douglas Mwonzora challenged the Zimbabwe Electoral Commission (ZEC)’s delimitation report saying it was flawed.
In his court application, Mwonzora argued that if elections are using the contentious ZEC delimitation report, the results can be easily challenged before a court of law and be invalidated.
The Election Resource Centre (ERC) recently said there is no legal basis that will allow the current government to legitimately remain in power post-26 August 2023.
Speaking to <a href="https://tellzim.com/ccc-laughs-off-gnu-election-postponement/">TellZim News</a>, Zaba said that whether or not the polls are to be postponed, remains the duty of the Constitutional Court to decide. He added: 
<blockquote>
Whether Mwonzora’s application will cause changes to election dates, remains the duty of the Concourt and the honourable judges there would help in interpreting this kind of law but you will find that this was the prayer filed by the applicant (Mwonzora) when he said ZEC must re-do the delimitation report and in so doing to give ZEC the time, elections will have to be postponed.
While this matter is really sub judice, you will find that there are a lot of aspects to be considered and one of those is what Veritas labelled that there is an absence of clearly laid out law or legal provisions providing for the Concourt to postpone the elections.
While the Concourt has the powers to condone certain actions, the absence of clearly laid out laws leaves us with questions on whether the court in its wisdom can postpone elections but one thing to consider is the imagination that in case of postponement, what effect will it have on other constitutionally-mandated organs of government.
I mean that from August 26, 2023, the tenure of both the president and parliament would have expired and the question is if the Concourt decides in its wisdom to extend or postpone the dates of the polls, will it equally have powers to extend the powers of the president and parliament?
The appeal by Senator Mwonzora does not appeal for extension of tenures for both president and parliament and as the law is structured currently, it does not allow for a vacuum after August 26 when the country may have no legitimately elected president or parliament and we still we will go for elections.
In any case who will proclaim the dates for the elections after we no longer have a legitimate president?
From a political opinion it may be difficult to postpone an election noting that we will be thrown into a situation where in trying to heal a possible election breach through the delimitation exercise, we will be plunged into another constitutional crisis.
The Concourt may decide to postpone the dates but from an electoral law perspective, it may be difficult to do as it leads the nation into a constitutional crisis.
The issues raised by Mwonzora have validity in terms of the constitution for example if one looks at the issue of 20 percent threshold which to me is clear ZEC ought to have followed what the constitution says, the debate over matrix.
Parliament raised the same issue and so did other key stakeholders and the appeal by Senator Mwonzora echoes that the calculation by ZEC has left us in a quandary because in some constituencies the variance of 20 percent is exceeded by far.
For example, look at Bulawayo Central with about 22 000 voters compared to Mount Pleasant with 33 000, its clearly beyond 20 percent, so if one reads and interprets the constitution, he/she can clearly see that there is a lot of sense in the appeal.
The Concourt may help validate that but basic calculations will tell you that the 20 percent applies across all constituencies not within a province as ZEC tried to convince us.
Also, the fact that some of his (Mwonzora) appeals are valid is the mere fact that the Concourt looked at the heads of arguments and gave them access to the constitutional court hearing and that may mean the appeal has constitutional validity.
The Concourt has in terms of the possible scenarios an array of decisions to make with the first being whether to order ZEC to re-do the report and they have to be convinced by the applicant that the report is ‘fatally unconstitutional’.
Either the court may order ZEC to sustain or re-do the report or in that case, that is what may trigger situations linked to the postponement of election dates.
If the court decides that ZEC presented a report that is not fatally defective, then the nation will proceed with elections and that will cause fewer problems in terms of election preparations being done by the electoral commission, political parties, Civic Society Organisations and even international election observer groups or even media groups as that will ensure smooth flow towards 2023 elections.
But in case a re-drawing of the boundaries is ordered, that will trigger a lot of issues.
Basically that throws Zimbabwe into a mild constitutional crisis in the sense that it won’t be a really radically changing the political landscape but will then leave us with a situation where we are left with the old boundaries and in that case the court will have to decide whether elections are to proceed under the old boundaries which may be problematic in the sense that most of the political parties have already selected candidates using the new boundaries and to go to the old ones (2007-08) which are not recognised by Section 161 (6) and the question will be which old boundaries will ZEC revert to.
</blockquote>
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

"Postponement Of 2023 Elections Will Plunge Zimbabwe Into A Constitutional Crisis"

MDC-T leader Douglas Mwonzora says he is confident that he will succeed in his Constitutional Court (ConCourt) challenge against the Zimbabwe Electoral Commission (ZEC)’s delimitation report.
Mwonzora is seeking an order declaring the gazetted delimitation report null and void and for it to be redone.
Speaking in an interview with <a href="https://www.newsday.co.zw/local-news/article/200010129/delimitation-report-will-be-thrown-out-mwonzora">NewsDay</a>, Mwonzora said he also seeking the ConCourt to order President Emmerson Mnangagwa to proclaim election dates only after the delimitation report has been resubmitted. He said:
<blockquote>
The Constitutional Court last week gave us leave to direct access, meaning that we were given the right to appear before the full bench of the Constitutional Court in our challenge for the delimitation.
We have been able to do that and we are confident from the points we have raised we are going to succeed.
We are asking the ConCourt for three things; to declare the delimitation report as invalid, to order ZEC to redo the delimitation, and to order the President to proclaim election dates after the delimitation report has been resubmitted.
We are very confident about the points we have raised. Our application was judged not to be unnecessarily argumentative and we think we are going to succeed.
</blockquote>
If Mwonzora’s application succeeds, this would mean that elections will be held using the old boundaries, or worse still, it will result in the postponement of the general elections that are due between 26 July and 26 August 2023.
Analysts have criticised Mwonzora’s court application saying the timing and motive were suspicious.
Since Mwonzora became the leader of the MDC-T, the party has failed to win a single parliamentary or local authority seat in by-elections held since 2022.
Independent election watchdog, Election Resource Centre (ERC) recently said postponing general elections for whatever reason would be unconstitutional.
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

Mwonzora Confident ConCourt Will Nullify ZEC's Delimitation Report

The Constitutional Court (ConCourt) full bench on Monday, 20 March 2023 dismissed an application by ZANU PF member Tonderai Chidawa seeking to nullify the delimitation exercise which mapped new boundaries of the wards, the House of Assembly and Senate to be used in the 2023 general elections.
Chidawa argued that the delimitation process, which was done by the Zimbabwe Electoral Commission (ZEC) was flawed, saying that it was done in violation of the Constitution.
Chief Justice Luke Malaba chaired the ConCourt proceedings. The bench said full reasons for the judgment will be released in due course. Reads the order:
<blockquote>
It is ordered that this application be and is hereby dismissed with no order as to costs.
The reasons of the full judgment will follow. No cause of action has been pleaded against the respondent.
</blockquote>
Speaking to journalists on Monday outside Mashonganyika Building which houses the Constitutional Court, Chidawa’s lawyer Professor Lovemore Madhuku, said:
<blockquote>
It’s a very disappointing judgment because the court has refused to have an opportunity to look at Section 119 (of the Constitution) and obligations of Parliament, thereof.
They will give their reasons later. I suspect the court does not want to interpret Section 119 to go as far as we had put it ourselves, which is accountability of State institutions such as independent commissions that Parliament is entitled to investigate how they operate in terms of the Constitution. 
Section 119 of the Constitution, gives Parliament the power to ensure that provisions of the Constitution are upheld and that the State and all institutions and agencies of government at every level act constitutionally and in the national interest.
</blockquote>
In his application, Chidawa accused Parliament of failing to nullify the ZEC delimitation report and initiate investigations into it.
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

Constitutional Court Dismisses Delimitation Report Challenge

Self-proclaimed Change Champion in Chief Nelson Chamisa has mocked MDC-T leader Douglas Mwonzora for challenging the delimitation report in court, saying his erstwhile colleague has “no supporters”.
The MDC-T has failed to win a single parliamentary or council seat in elections that were held after Mwonzora became the party’s president.
On 14 March 2023, Mwonzora filed an urgent chamber application at the High Court seeking the nullification of the Zimbabwe Electoral Commission (ZEC) delimitation report.
He argued that the delimitation report does not meet the requirements of section 161 of the Constitution of Zimbabwe.
But addressing a campaign rally in Gutu, Masvingo on Saturday, 19 March, Chamisa said CCC will win in the upcoming general elections in spite of the “flawed” delimitation report. He said:
<blockquote>
This is the year for citizens’ victory for change. I heard some people with no supporters have challenged the delimitation report in the courts, but we are not worried about the boundaries created.
Our party is everywhere, even if they move people, the people will vote in those new areas. We are ready to win, this time I will score without looking at the goal.
</blockquote>
Witwatersrand University-based political analyst Romeo Chasara warned opposition parties against allowing ZEC to use the “discredited” voters’ roll in the upcoming elections. Said Chasara:
<blockquote>
The Constitution is supreme and sacred. In this case, I think Mwonzora is right to test the legality of the whole delimitation exercise.
Opposition parties cannot cherry-pick battles to fight when the Constitution is under attack.
It is wrong if the CCC is not challenging the delimitation report because they think it does not affect their prospects of winning elections when there are reasonable grounds that the process is flawed and the Constitution has been violated.
</blockquote>
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

Chamisa Mocks Mwonzora For Challenging Delimitation Report

Freeman Chari, a Zimbabwean software engineer based in the United States of America, says CCC should join MDC-T Douglas Mwonzora’s urgent chamber application at the High Court seeking the nullification of the Zimbabwe Electoral Commission (ZEC) delimitation report.
Chari, who is sympathetic to the Nelson Chamisa-led party, believes that while it appears to be politically incorrect, CCC should join Mwonzora’s court application, saying it captures all the issues that he has raised over the past 12 months that need to be attended to, to ensure a credible election. <a href="https://twitter.com/freemanchari/status/1635876468138950656">Chari wrote on Twitter</a>:
<blockquote>
1. Personally, l don’t have anything against the court challenge. It captures all the things l spoke about from March 2022. The reason l spoke so passionately abt all these things was that we could tell the complications of the future. It took people 11 months to pay attention.
2. Everyone within CCC that l spoke to except a few trivialized the impact of the wrong delimitation formula. Some still do up to today because they believe we can win the presidency even under the circumstances. Which makes me question a lot of things.
3. What frustrates me more is that CCC is being nudged into decisions by agendas set by the system. It feels like a flow chart. Those who were there in 2013 should be feeling a sense of de javu.
4. Because the case has been brought by Doug, it is now feeling like a poisoned chalice. Regardless of the merits, the politics is dictating that CCC can’t be part of it. I want to argue that, CCC should do the unpredictable and join it…
5. Remember how in 1998 everyone was pro-land reform except ZANU? For those who don’t remember, listen to Mapfumo’s Set the people free or Chimbetu’s Zuva Raenda. Mugabe, unpredictably metamorphosed into a champion of land reform overnight to grab the impetus…
6. The expectation is for CCC not to support this and plunge into an election that is heavily gerrymandered and unfair all because of hubris. I would urge CCC to prepare for elections intensively if they go ahead, enter under protest.
7. An election with a bad delimitation, without a voter roll, without polling station names, without free campaign etc is an illegitimate election that will produce an illegitimate result. So again, PREPARE for election, CHALLENGE the delimitation, participate under PROTEST.
</blockquote>
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

CCC Activist Urges Chamisa To Join Mwonzora's Delimitation Report Court Challenge

MDC-T president Douglas Mwonzora and his party on Tuesday filed an urgent chamber application at the High Court seeking the nullification of the Zimbabwe Electoral Commission (ZEC) delimitation report.
Mnangagwa gazetted the delimitation report on 20 February.
The MDC-T is seeking a High Court determination to have the matter referred to the Constitutional Court (ConCourt).
He argues that the delimitation report does not meet the requirements of section 161 of the Constitution of Zimbabwe. Mwonzora’s submission reads in part:
<blockquote>
… we seek a declaratur declaring the delimitation report prepared by first respondent (ZEC) and gazetted by second respondent (Mnangagwa) on February 20 null and void for not being in accordance with provisions of section 161 of the Constitution of Zimbabwe.
</blockquote>
He cited ZEC, President Mnangagwa, Justice, Legal and Parliamentary Affairs Minister Ziyambi Ziyambi and the Attorney-General’s Office as the respondents.
Section 161(11) of the Constitution outlines the procedures for delimitation and what the President should do after receiving the final delimitation report from ZEC. Reads Mwonzora’s application:
<blockquote>
Applicant also seeks an order for consequential relief in the form of a mandamus (a judicial writ issued as a command to an inferior court or ordering a person to perform a public or statutory duty) directing the first respondent to conduct a fresh exercise of delimitation in compliance with the dictates and requirements of section 161 of the Constitution of Zimbabwe, and in particular to base the report on a final population census report.
Applicants further seek consequential relief directing second respondent not to proclaim elections before the first respondent has prepared a delimitation report that is in compliance with section 161 of the constitution of Zimbabwe.
</blockquote>
Election watchdogs, data analysts, and other stakeholders have accused ZEC of using the wrong formula to calculate voter variations and this resulted in some constituencies having a significantly higher number of registered voters than others.
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

Mwonzora Sues ZEC, Mnangagwa Over Delimitation Report

The MDC Alliance led by Douglas Mwonzora has rejected the Zimbabwe Electoral Commission (ZEC) delimitation report that will be used for the 2023 general elections, saying it will challenge it by all means.
In a statement dated 08 March 2023, the MDC Alliance said the delimitation report is flawed and is therefore not possible to use to conduct credible elections. Part of the statement reads:
<blockquote>
The MDC and all its Alliance partners on the 6th of March 2023 met at Morgan Richard Tsvangirai (MRT) House to reaffirm election preparedness and foster unity across the broader progressive democratic forces, as the country readies for harmonized elections to be held in the later part of the year.
The meeting totally rejected the ZEC final delimitation report because of its glaring fundamental flaws and resolved to challenge it by all means.
No credible election can ever be conducted under such grossly disenfranchising circumstances as demonstrated in the final delimitation report.
Despite naysayers, the MDC Alliance remains the most formidable, intact and focused alternative to the people’s hope of a truly democratic and all-inclusive leadership.
</blockquote>
On 20 February 2023, President Emmerson Mnangagwa gazetted the names and boundaries of the wards, the House of Assembly, and Senatorial constituencies that will be used in the forthcoming and any subsequent general election.
ZEC handed over the Delimitation Report to Mnangagwa on 17 February before it was gazetted on 20 February.
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

MDC Alliance Rejects ZEC's Final Delimitation Report

President Emmerson Mnangagwa is on Friday, 17 February expected to gazette the Zimbabwe Electoral Commission&#8217;s (ZEC) final delimitation report.
The Constitution mandates the President to gazette the delimitation report within 14 days after receiving the final version of the document from ZEC.
Speaking to <a href="https://www.newsday.co.zw/local-news/article/200007546/delimitation-report-all-eyes-on-ed">NewsDay</a> on Thursday, Zimbabwe Election Support Network (ZESN) chairperson Andrew Makoni said that if Mnangagwa fails to gazette the delimitation report, he would have violated the national Constitution. Said Makoni:
<blockquote>
Once the President is handed the final delimitation report, he has 14 days to publish a proclamation in the Gazette declaring the names and boundaries of the wards and constituencies as finally determined by ZEC.
The law makes no provision for a second preliminary report. If what the President received is a final report then he has until the 17th of February to publish it.
Failure to publish it will be a violation of section 161(11) of the Constitution of Zimbabwe.
</blockquote>
Election Resource Centre legal and advocacy officer Takunda Tsunga said:
<blockquote>
The lapsing of the 14 days would mean it has to be gazetted or the President would be in an unfortunate breach of the Constitution.
The lapsing would set a terrible precedent for this year’s 2023 harmonised elections as the Constitution is the guiding tenet for free and fair elections.
The ERC [Election Resource Centre] will look at all legal avenues to ensure compliance.
</blockquote>
Zimbabwe Election Advocacy Trust executive director Ignatious Sadziwa said:
<blockquote>
If the ructions that we have witnessed for the past month are anything to go by, we are most likely to have no delimitation exercise taking place.
According to the Constitution, we will have to revert to the 2007/8 boundaries. 
This is a very unfortunate development that has a ripple effect on electoral integrity and credibility.
</blockquote>
Team Pachedu <a href="https://twitter.com/PacheduZW/status/1626467141221228549">said if Mnangagwa fails to gazette the Final Delimitation Report in line with Section 161(11) of the Constitution, he can be impeached.</a>
ZANU PF activist Tonderai Chidawa challenged the constitutionality of the draft of the ZEC delimitation report at the Constitutional Court (ConCourt).
The ConCourt has set 26 March for the hearing of Chidawa’s court challenge to the ZEC report.

Electoral Watchdogs Say Mnangagwa Must Gazette Delimitation Report Today

The Permanent secretary in the Ministry of Information, Publicity and Broadcasting Service, Nick Mangwana, said the Zimbabwe Electoral Commission (ZEC) has not yet submitted its final Delimitation Report to President Emmerson Mnangagwa.
This comes after reports claimed on Friday that ZEC chairperson Priscilla Chigumba had submitted the Final Delimitation Report to the President at State House.
In a post on Twitter, Mangwana said the information is incorrect and that the nation will be informed when the report is handed over to Mnangagwa. <a href="https://twitter.com/nickmangwana/status/1621511408423960576">Said Mangwana</a>:
<blockquote>
We have noted a number of social media reports to the effect that the Final Delimitation Report has been presented to HE the President. The Final Report has NOT yet been presented to His Excellency.
When that happens the public will be informed. Thank you.
</blockquote>
<a href="https://www.herald.co.zw/zec-hands-over-revised-report-to-president/">The Herald</a> reports that Chigumba was at State House on Friday morning to deliver to Mnangagwa the draft of the final report on the delimitation of constituency and ward boundaries which takes note of concerns that he and Parliament raised.
Chigumba said the draft report, which the President will now go through, could be gazetted in the next 14 days.
She was cited as saying she is confident that the President will approve the revised delimitation report as it captured the concerns that were raised by stakeholders including Parliament.

Mangwana Says ZEC's Draft Of The Final Delimitation Report Is Not Final

Seven Zimbabwe Electoral Commission (ZEC) commissioners, who refused to append their signatures to the preliminary delimitation report are reportedly being sidelined by ZEC chairperson, Justice Priscilla Chigumba.
The seven commissioners are <a href="https://www.pindula.co.zw/Rosewita_Marutare">Rosewita Murutare</a>, <a href="https://www.pindula.co.zw/Kudzai_Shava">Kudzai Shava</a>, <a href="https://www.pindula.co.zw/Janet_Mbetu_Nzvenga">Jane Mbetu-Nzvenga</a>, <a href="https://www.pindula.co.zw/Shepherd_Manhivi">Shepherd Manhivi</a>, <a href="https://www.pindula.co.zw/Abigail_Millicent_Mohadi_Ambrose">Abigail Mohadi</a>, <a href="https://www.pindula.co.zw/Jasper_Mangwana">Jasper Mangwana</a>, and <a href="https://www.pindula.co.zw/Catherine_Mpofu">Catherine Mpofu</a>.
They wrote to President Emmerson Mnangagwa and Parliament accusing Chigumba and her deputy, Rodney Simukai Kiwa of not consulting them in crafting the report, resulting in them disowning the whole process.
NewsDay reported sources as saying the seven commissioners had hoped that Mnangagwa and Parliament would reject the report without making any recommendations.
However, both the President and Parliament made some recommendations. Said a NewsDay source:
<blockquote>
Chigumba is well-versed in the process since she is a judge. She was not disturbed by their move to discredit her.
Commissioners such as Manhivi, who is a registered legal practitioner with a law degree, and holds other two additional degrees in administration and international relations; and Mpofu, who is a language, communications specialist and peace practitioner and have experience working with the public, media and civil society from the legislative arm of the State, should be taking a leading role in the report, but have not been consulted.
It’s not happening, they are just redundant now.
</blockquote>
Mangwana said his hands were tied to comment on the issue, adding: “Please talk to ZEC chief executive officer Utloile Silaigwana.”
Silaigwana asked NewsDay to send questions in writing, but he had not responded to them by the time of going to print.
Chigumba is now said to be relying more on the ZEC secretariat to finish the recommendations within the timeframe provided by the Constitution. | <a href="https://www.newsday.co.zw/local-news/article/200006792/zec-chair-guns-for-rogue-commissioners">NewsDay</a>

Chigumba Sidelines Seven "Rogue" Commissioners

The Political Actors Dialogue (POLAD) says the credibility of the Zimbabwe Electoral Commission (ZEC)’s delimitation report has been affected by apparent division within the commission itself.
Seven ZEC commissioners refused to append their signatures to the report after claiming that it violated the constitution.
The seven commissioners accused ZEC chairperson Justice Priscilla Chigumba of not consulting them.
POLAD’s governance and legislative agenda chairperson Lovemore Madhuku said there should be clear evidence that all commissioners are involved at every stage of the process. Said Madhuku:
<blockquote>
The preliminary delimitation report doesn’t pass the test set out in the constitution. POLAD regards it as a failure on the part of ZEC.
POLAD is concerned about the internal governance of ZEC. Under our constitution, ZEC is a corporate body consisting of nine commissioners.
The delimitation process cannot be the work of one or two commissioners; there must be clear evidence that all commissioners are involved at every stage of the process.
This is essential for the integrity and credibility of ZEC. POLAD would like to see public appearances of ZEC commissioners at all platforms where ZEC is either presenting to, or receiving from, the president reports relating to the delimitation process.
ZEC must use all the remaining stages to demonstrate in public the involvement of all commissioners.
</blockquote>
Chigumba is reportedly relying on the ZEC secretariat to finalise the delimitation report as the seven commissioners remain frozen out.
The seven commissioners are <a href="https://www.pindula.co.zw/Rosewita_Marutare">Rosewita Murutare</a>, <a href="https://www.pindula.co.zw/Kudzai_Shava">Kudzai Shava</a>, <a href="https://www.pindula.co.zw/Janet_Mbetu_Nzvenga">Jane Mbetu-Nzvenga</a>, <a href="https://www.pindula.co.zw/Shepherd_Manhivi">Shepherd Manhivi</a>, <a href="https://www.pindula.co.zw/Abigail_Millicent_Mohadi_Ambrose">Abigail Mohadi</a>, <a href="https://www.pindula.co.zw/Jasper_Mangwana">Jasper Mangwana</a>, and <a href="https://www.pindula.co.zw/Catherine_Mpofu">Catherine Mpofu</a>. | <a href="https://www.newsday.co.zw/thestandard/news/article/200006756/mnangagwa-allies-turn-heat-on-zec">The Standard</a>

Divisions At ZEC Worry POLAD

Members of Parliament have demanded that the preliminary delimitation report by the Zimbabwe Electoral Commission (ZEC) should be returned to the electoral body for amendments.
The delimitation report has been analysed by Parliament’s ad-hoc committee and is now before the National Assembly where it is being further scrutinised and debated.
Some of the recommendations made by the Parliamentary ad-hoc committee are as follows:
<ul>
<li>ZEC should take into account the entire population as shown in the census, not just the adult population because wards serve other purposes apart from elections.</li>
<li>ZEC should revisit boundaries where it did not take into account community interests between voters.</li>
<li>ZEC should ensure that there is an equal number of voters in constituencies and wards, with variations limited to 20% as required by section 161 of the Constitution.</li>
<li>ZEC should apply consistent principles when transferring voters from constituencies and wards with large numbers of voters to those with fewer.</li>
</ul>
During the debate of the ZEC report in the National Assembly on Tuesday, 17 January, Binga North legislator Prince Dubeko Sibanda (CCC) said:
<blockquote>
The report is not a good one as some of the observations that were made by the ad hoc committee included that ZEC did not consider the census report, which is able to indicate the national migration of citizens.
Therefore, in the absence of the census report, it is very difficult to validate some of the findings; for example, Bulawayo province.
When a census report is available, it becomes easy to compare the movement of citizens between areas.
</blockquote>
Harare East legislator Tendai Biti (CCC) said ZEC failed to produce a copy of the voters’ roll and to consult citizens during the delimitation exercise. He said:
<blockquote>
The test of whether ZEC did a good job was going to be measured on three issues, which include procedure when they were making the report, whether they followed the law, and whether the report is loyal to principles defined in section 161 of the Constitution.
The three scores show that ZEC failed to consider the final report of the census, and there is a co-relationship between the task of delimitation and the population.
When you look at the ZEC report, there is no marriage and there is no connection between the report and the population.
ZEC failed to produce a copy of the voters’ roll and we are just told without validation that the total number of voters is this and that, and yet the actual voters’ roll has not been given.
ZEC failed to consult citizens and it failed procedural issues.
</blockquote>
Buhera South MP Joseph Chinotimba (ZANU PF) said “This time ZEC has failed its duties”.
Makoni North MP James Munetsi (ZANU PF), said ZEC ignored statistics and “did the report from what they know” and as a result, cannot be trusted to run an election.
After both the National Assembly and Senate debate the ZEC delimitation report, their findings and recommendations will be presented to President Emmerson Mnangagwa on Thursday. | <a href="https://www.newsday.co.zw/local-news/article/200006275/mps-poke-holes-on-delimitation-report">NewsDay</a>

MPs Condemn ZEC's Preliminary Delimitation Report

Former Zimbabwe Electoral Commission (ZEC) commissioner Qhubani Moyo has said there is no law stating that the commissioners’ decisions should be unanimous.
Moyo made the remarks following reports that seven ZEC commissioners disowned a preliminary delimitation report tabled in Parliament on Friday last week saying it is flawed.
The commissioners allegedly wrote to President Emmerson Mnangagwa advising him to “put aside” the report and that elections should be held using old boundaries from the last delimitation exercise in 2008.
However, in his analysis posted on Facebook, Moyo said ZEC chairperson Priscilla Chigumba has the power to override decisions by the other commissioners. Wrote Moyo:
<blockquote>
The independence of ZEC is well provided for in the Constitution of Zimbabwe and no State organ should or can interfere with its processes and mandate.
In the case of delimitation processes Parliament can give an opinion that ZEC may choose to take on board or reject.
ZEC is not bound to follow such an opinion as it is not prescriptive, but persuasive except where it is a breach of the Constitution.
The chairperson of the commission, whose appointment process is different from the rest of the commissioners, is the official communicator for the commission and there are no provisions that decisions of the commission should be majoritarian.
In the event of unreasonable sustained debates over issues that are bound to create a national crisis, the chairperson and chief elections officer are eligible candidates to make pronouncements in the best national interest.
</blockquote>
Moyo made reference to the Kenyan elections held last year where some commissioners disowned presidential results.
However, the country’s Supreme Court upheld the results.
Moyo added that it was unacceptable for ZEC commissioners to dissociate themselves from the outcome of a process that they were part of. He said:
<blockquote>
The decision by the seven ZEC commissioners to deny paternity of a delimitation report they “fathered” is professionally unacceptable and not in the best interests of the nation as they should not reject the outcomes of a process they were part of.
</blockquote>
ZEC is expected to produce a final delimitation report by 28 January.

Former ZEC Commissioner Speaks Out On Delimitation Report

Professor Arthur Mutambara has said the preliminary delimitation report is invalid and unconstitutional, therefore, the Zimbabwe Electoral Commission (ZEC) should redo the whole exercise.
The preliminary delimitation report was tabled in Parliament last week on Friday by Justice Legal and Parliamentary Affairs minister Ziyambi Ziyambi.
Ziyambi said the total number of registered voters was divided by 210 (the total number of constituencies) resulting in a national average of 27 640 voters per constituency.
He said they used the formula to determine voter population thresholds permissible in line with section 161(6) of the Constitution.
A percentage variance from the national average was then determined using a maximum registered voter threshold of 33 169 and a minimum of 22 112 voters.
Mutambara, who was Deputy Prime minister in the 2009-2013 Government of National Unity (GNU), argued that ZEC misinterpreted the Constitution. He said:
<blockquote>
The delimitation process has to be redone according to Section 161 (6) of the Constitution of Zimbabwe.
The current delimitation report is invalid since it is in violation of the current Constitution of Zimbabwe’s Section 161 (6).
Of course, in carrying out the delimitation exercise, there must be no mischievous intention to disadvantage or advantage any political players. There must be safeguards against such shenanigans.
The current Constitution of Zimbabwe’s Section 161 (6) looks similar but is different from Section 61A(6) of the old Lancaster House Constitution of Zimbabwe.
Section 161 (6) stipulates that the difference between the allowable minimum and maximum voters in a constituency should be less than 20%, whereas Section 61A (6) (Lancaster Constitution) stipulates that the difference should be less than 40% (ie 20% + 20%)
It is important to note that the old Lancaster provision 61A (6) is better phrased than the current provision 161 (6).
Section 161 (6) should have explicitly said 10% above or below the average number of voters allowable in a constituency.
</blockquote>
Members of Parliament last week requested the voters’ roll to enable them to critique the delimitation report. | <a href="https://www.newsday.co.zw/local-news/article/200006008/dump-rework-delimitation-mutambara">NewsDay</a>

Delimitation Process Has To Be Redone - Mutambara

<h2>Full statement by the Election Resource Centre Zimbabwe (ERCZ) on the Preliminary Delimitation report.</h2>
<blockquote>
On 26th December 2022, the Zimbabwe Electoral Commission took a significant step toward fair representation for all Zimbabwean voters by submitting the Preliminary Delimitation Report to the President of Zimbabwe.
The preliminary report presents the wards and constituencies as delimited by the Commission during the delimitation exercise.
While the report has generally resulted in a more equitable distribution of voters across the 210 constituencies in Zimbabwe, the ERC notes concerns raised by stakeholders on the report.
The main concern is the calculation of the allowable ‘variance’ for the number of registered voters per constituency and ward. 
The alleged erroneous methodology used to calculate the variance potentially discredits the delimitation process.
The underlying principle of the delimitation process is to ensure the equality of the vote. Hence, the ERC urges the Commission to address the concerns raised by stakeholders.
The failure to adequately address the issues raised may result in the final delimitation report being contested and thus affecting its use for the 2023 Harmonised Elections.
A return to the pre-existing 2007/2008 boundaries goes against the principles of the equality of the vote as the boundaries of the current constituencies and wards are grossly unequal.
Inclusivity and transparency in addressing the concerns raised will ensure the buy-in of all relevant stakeholders.
The Electoral Commission is expected to ensure maximum transparency of the procedures and their outcome.
This is vital to guarantee the credibility of the electoral process, secure the confidence of the voters and respect the aspirations of the Constitution.
Given the short time remaining for the delimitation report to be adopted for the 2023 Harmonised Election, ERC calls on all significant stakeholders, in particular the Electoral Commission, Parliament, and Political Parties, to step up, address the issues brought up, and carry out their mandates.
</blockquote>

ERCZ Statement On The Preliminary Delimitation Report | Full Text

The Zimbabwe Electoral Commission (ZEC)’s Delimitation Report prepared ahead of general elections this year has been tabled in Parliament this Friday.
Here are some of the highlights from the report:
Bulawayo Province keeps its 12 constituencies with an average of 22 112 registered voters in each.
Seven constituencies were reconfigured and renamed as follows: Bulawayo North, Cowdry Park, Emakhandeni-Luveve, Entumbane-Njube, Lobengula-Magwegwe, Mpopoma-Mzilikazi and Pelandaba-Tshabalala.
In Midlands Province, the Mberengwa South constituency was collapsed and three constituencies now remain i.e., Mberengwa East, Mberengwa West and Mberengwa Central.
The collapsed constituency was replaced by the creation of a new constituency, Mkoba North.
Matabeleland South Province had very low numbers of registered voters and as a result, it was allocated 12 constituencies after Bulilima East was collapsed to meet the minimum threshold.
In Masvingo Province, Zaka East and Zaka West were collapsed and reconfigured to form a new Zaka South Constituency.
One of the collapsed constituencies was replaced by the creation of a new Mwenezi North constituency, which means the Province retained its previously allocated 26 constituencies.
Gutu South constituency, which is currently held by ZANU PF Chief Whip Pupurai Togarepi was collapsed and merged with other existing constituencies due to a low registered voter population that failed to meet the minimum threshold for a constituency.
The collapsed constituency was replaced by the creation of a new Chiredzi Central constituency.
In Mashonaland East, three constituencies namely Chikomba Central, Chikomba East, and Chikomba West were redrawn due to the low registered voter population.
As a result, Chikomba Central was collapsed and two Constituencies remain namely Chikomba East and Chikomba West.
In Manicaland Province, Musikavanhu and Chipinge West were merged to create Chipinge West constituency.
The collapsed constituency formed Chikanga constituency after Dangamvura-Chikanga was split due to the high population.
In Harare Province, an additional constituency was created in Epworth resulting in Epworth North and 
Epworth South Constituency.
Three constituencies were created from the Harare South constituency which are Churu, Harare South and Hunyani constituencies.

Highlights Of The ZEC Delimitation Report

President Emmerson Mnangagwa has summoned Parliament to an Extra-Ordinary Sitting that will see members debate the preliminary delimitation report handed over to the President recently.
Parliament is currently on a festive period break but members are set to conduct a virtual sitting to debate the preliminary delimitation report on 6 January 2023.
The report was submitted to Mnangagwa by Zimbabwe Electoral Commission (ZEC) chairperson Priscilla Chigumba on 26 December 2022.
In a message to lawmakers on Tuesday, Parliament said:
<blockquote>
In terms of Section 110(2) (c), His Excellency, the President, Dr. E. D. Mnangagwa has summoned Parliament to an Extra-Ordinary Sitting to conduct special business relating to the Preliminary Delimitation Report on Friday, 6th January 2023 at 9:00 am.
Due to accommodation challenges still being experienced in Harare, Members are advised to attend the Sitting virtually.
The login details will be shared in due course. A few Members who will attend physically will be advised by the Chief Whips.
</blockquote>
The report has not yet been seen by both legislators or the public <a href="https://zero.pindula.co.zw/zanu-pf-affiliated-groups-condemn-zec-preliminary-delimitation-report/">but some ZANU PF-affiliated organisations have expressed disgruntlement over the document.</a>

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