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Leonard Ncube, Online Reporter

CHIEF Justice Luke Malaba has called for free and fair elections in the country, saying this is time when the nation makes the important decision of how its people will organise themselves in order to achieve their shared aspirations.

Zimbabwe, under the Second Republic aims to attain an upper middle income society by 2030 and a peaceful socio-political environment is key to attainment of the vision and growth of the economy.

The country will hold harmonised elections later this year and the ruling Zanu-PF Party has since conducted primaries in preparation for the harmonised poll.

Addressing more than 200 magistrates and other stakeholders who are attending the first ever Magistrates’ National Conference in Victoria Falls today, CJ Malaba said magistrates play a key role as the primary judicial officers that try cases of electoral violence or electoral malpractice.

He reiterated the call for impartiality and non-partisan conduct for judicial officers.

“The purpose of designating magistrates with specific roles in electoral adjudication is to designate them as the protectors and the guardians of electoral freedom, fairness and human life and property.

“This purpose places an obligation on magistrates designated to participate in the implementation of electoral law to have an understanding of their roles and to fulfil them. An election is a means of democratic participation enabling the aspirations of the nation to be openly presented without fear of electoral injustice, thus facilitating the assembly of these aspirations into a mutually beneficial national goal,” said CJ Malaba.

He said immediately after an election is called, the Commissioner-General of Police, shall establish one or more special police units to investigate cases of politically-motivated violence and intimidation arising from the election.

The Judicial Service Commission shall also designate one or more magistrates in each province to try cases involving politically–motivated violence and intimidation, and the magistrates so designated shall give priority to all such cases and ensure that they are brought to trial and completed as expeditiously as possible.

The Prosecutor-General shall also ensure that during every election period sufficient competent prosecutors are provided to ensure that such cases are processed quickly and brought to court.

CJ Malaba said magistrates have both criminal and civil jurisdiction and this constitutionally given capacity to adjudicate on civil and criminal matters places them in the limelight of playing a part in the specific areas of electoral law enforcement and adjudication.

In terms of the constitution and Magistrate’s Code of Ethics, he said, magistrates should be impartial and not engage in any political activities, not hold office in or be members of any political organisation, solicit funds for or contribute towards any political organisation or attend political meetings.

CJ Malaba said an electoral system must justly yield to the will of the people of identifying the leader with the highest aptitude and sensitivity to the common aspirations of the people and understanding of the inherent conflicts of interest of his or her constituents.

He said the electoral law is intended to facilitate the attainment of the purpose of an election, how the election must be conducted, how the parties involved in an election must conform to the law and how breaches of the law will be punished in the context of constitutional democracy.

The electoral law is the heartbeat of an election and any stakeholders in an election responsible for applying and enforcing electoral law actually partake in the formation and sustenance of an ideal of constitutional democracy, said the Chief Justice.

He said the nation must make the important decision of how its people will organise themselves in order to achieve their shared aspirations.

An electoral system must be able to connect the people to their leader and common aspirations.

CJ Malaba said politically-motivated violence and intimidation militate against the attainment of peace which is a necessary catalyst for electoral freedom and fairness.

“In most cases, an election emerges as one of the key means of ensuring political participation by a people who have submitted to a political setup of constitutional governance. In this regard, an election becomes a means of identifying a common representative to fulfil the social, economic and political aspirations of the people.

“For this reason, electoral laws impose criminal sanctions to discourage practices that undermine peace or free and fair elections. It follows, therefore, that the deterrent criminal sanctions forming part of an electoral system are intended to sustain an electoral environment characterised by peace, electoral freedom and fairness,” he said.

The Chief Justice said the Constitution of Zimbabwe sets out fundamental principles governing elections and these include that an election must be peaceful, free and fair, and free from violence and other electoral malpractices.

Section 67 of the Constitution provides that every Zimbabwean citizen has the right to free, fair and regular elections for any elective public office established in terms of this Constitution or any other law; to make political choices freely, to form, to join and to participate in the activities of a political party or organisation of their choice, campaign freely and peacefully for a political party or cause, participate in peaceful political activity individually or collectively, in gatherings or groups or in any other manner, in peaceful activities to influence, challenge or support the policies of the Government or any political or whatever cause, subject to the Constitution.

Some of the common crimes during elections are intimidation, preventing a political party or candidate from campaigning and theft or destruction of voter material.

The conference started on Thursday and ends tomorrow.

-@ncubeleonWith pix

Leonard Ncube

Online Reporter

CHIEF Justice Luke Malaba has called for free and fair elections in the country, saying this is time when the nation makes the important decision of how its people will organise themselves in order to achieve their shared aspirations.

Zimbabwe, under the Second Republic aims to attain an upper middle income society by 2030 and a peaceful socio-political environment is key to attainment of the vision and growth of the economy.

The country will hold harmonised elections later this year and the ruling Zanu-PF Party has since conducted primaries in preparation for the harmonised poll.

Addressing more than 200 magistrates and other stakeholders who are attending the first ever Magistrates’ National Conference in Victoria Falls today, CJ Malaba said magistrates play a key role as the primary judicial officers that try cases of electoral violence or electoral malpractice.

He reiterated the call for impartiality and non-partisan conduct for judicial officers.

“The purpose of designating magistrates with specific roles in electoral adjudication is to designate them as the protectors and the guardians of electoral freedom, fairness and human life and property.

“This purpose places an obligation on magistrates designated to participate in the implementation of electoral law to have an understanding of their roles and to fulfil them. An election is a means of democratic participation enabling the aspirations of the nation to be openly presented without fear of electoral injustice, thus facilitating the assembly of these aspirations into a mutually beneficial national goal,” said CJ Malaba.

He said immediately after an election is called, the Commissioner-General of Police, shall establish one or more special police units to investigate cases of politically-motivated violence and intimidation arising from the election.

The Judicial Service Commission shall also designate one or more magistrates in each province to try cases involving politically–motivated violence and intimidation, and the magistrates so designated shall give priority to all such cases and ensure that they are brought to trial and completed as expeditiously as possible.

The Prosecutor-General shall also ensure that during every election period sufficient competent prosecutors are provided to ensure that such cases are processed quickly and brought to court.

CJ Malaba said magistrates have both criminal and civil jurisdiction and this constitutionally given capacity to adjudicate on civil and criminal matters places them in the limelight of playing a part in the specific areas of electoral law enforcement and adjudication.

In terms of the constitution and Magistrate’s Code of Ethics, he said, magistrates should be impartial and not engage in any political activities, not hold office in or be members of any political organisation, solicit funds for or contribute towards any political organisation or attend political meetings.

CJ Malaba said an electoral system must justly yield to the will of the people of identifying the leader with the highest aptitude and sensitivity to the common aspirations of the people and understanding of the inherent conflicts of interest of his or her constituents.

He said the electoral law is intended to facilitate the attainment of the purpose of an election, how the election must be conducted, how the parties involved in an election must conform to the law and how breaches of the law will be punished in the context of constitutional democracy.

The electoral law is the heartbeat of an election and any stakeholders in an election responsible for applying and enforcing electoral law actually partake in the formation and sustenance of an ideal of constitutional democracy, said the Chief Justice.

He said the nation must make the important decision of how its people will organise themselves in order to achieve their shared aspirations.

An electoral system must be able to connect the people to their leader and common aspirations.

CJ Malaba said politically-motivated violence and intimidation militate against the attainment of peace which is a necessary catalyst for electoral freedom and fairness.

“In most cases, an election emerges as one of the key means of ensuring political participation by a people who have submitted to a political setup of constitutional governance. In this regard, an election becomes a means of identifying a common representative to fulfil the social, economic and political aspirations of the people.

“For this reason, electoral laws impose criminal sanctions to discourage practices that undermine peace or free and fair elections. It follows, therefore, that the deterrent criminal sanctions forming part of an electoral system are intended to sustain an electoral environment characterised by peace, electoral freedom and fairness,” he said.

The Chief Justice said the Constitution of Zimbabwe sets out fundamental principles governing elections and these include that an election must be peaceful, free and fair, and free from violence and other electoral malpractices.

Section 67 of the Constitution provides that every Zimbabwean citizen has the right to free, fair and regular elections for any elective public office established in terms of this Constitution or any other law; to make political choices freely, to form, to join and to participate in the activities of a political party or organisation of their choice, campaign freely and peacefully for a political party or cause, participate in peaceful political activity individually or collectively, in gatherings or groups or in any other manner, in peaceful activities to influence, challenge or support the policies of the Government or any political or whatever cause, subject to the Constitution.

Some of the common crimes during elections are intimidation, preventing a political party or candidate from campaigning and theft or destruction of voter material.

The conference started on Thursday and ends tomorrow.

-@ncubeleon