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Harare Bureau
The government has scoffed at the constitutional application filed by MDC-T recently seeking to stop the March 27 by-elections in Mt Darwin West and Chirumanzu-Zibagwe constituencies, saying the country’s legal framework allowed for polls to be held while alignment of the electoral laws with the constitution was being addressed.

Justice, Legal and Parliamentary Affairs permanent secretary Virginia Mabhiza responded  to the application on behalf of President  Mugabe  and Justice, Legal and Parliamentary Affairs Minister Vice President Emmerson Mnangagwa.

She dismissed the alleged inconsistencies as petty and said that they could not stop legitimate and democratic processes.

The Morgan Tsvangirai-led MDC-T in January this year filed a Constitutional Court application seeking to stop the by-elections and any other polls before the alignment of the Electoral Act with the Constitution of Zimbabwe.

It argued that Zimbabwe Electoral Commission, in terms of the new Constitution, was mandated  to register voters, compile voters’ rolls and registers, and ensure the proper custody and maintenance of voters’ rolls and registers,   among others, but that it had not yet assumed those duties.

It further argued that failure by Zec to  commence voter registration by January 15, 2015 was a violation of Section 17A of the Constitution.

The party argued that the announcement by Zec on January 24 this year that it was embarking on a voter registration and inspection of voters’ roll did not cure the “fatally defective status” of the current electoral environment.

It is MDC-T’s contention that the ongoing exercise by Zec is merely a pilot exercise to test the voter registration model that was unveiled in December last year; hence it does not satisfy the requirements of the Constitution.

MDC-T also contests the involvement of civil servants in the voting process as provided for in the Electoral Act.

Mabhiza said the holding of elections while electoral reforms were underway was permissible.

“The current legislative framework is permissible for elections to be held while alignment of  the electoral laws is being addressed. Alignment  of laws with the Constitution is an on-going  process.

“The electoral laws will be aligned with the Constitution through the General Laws Amendment Bill, which is due to be tabled before Parliament soon.”

Mabhiza said some of the proposed amendments were as minor as merely replacing the word “Registrar General” with “The Commission” and that it was not worth stopping the electoral process.

“We submit that the inconsistencies complained of are not so material as to warrant stopping the holding of the pending elections,” she said.

“It’s worth highlighting that the alignment of all our legislation to the Constitution is a mammoth task which can’t be completed overnight.

“We’re in a transitional period and it would   be unfair to stop a democratic process because  of minor changes which ought to be effected to  our laws in line with the Constitution currently existing.”

Mabhiza said in practice, Zec took over all those roles that were formally assigned to the Registrar General, adding that there was harmony between the Act and the Constitution.