President Mnangagwa makes second by- elections proclamation

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Harare (New Ziana) – President Emmerson Mnangagwa on Friday made a second proclamation for by-elections in six constituencies that had earlier in the week been exempted following a High Court order.

In the proclamation, he set Friday as the date on which nomination courts will sit to accept papers from aspiring candidates for the by-elections in Harare East constituency, and Mbizo, Kambuzuma, Mutasa South, Nkulumane and Pumula constituencies.

On Wednesday, the High Court cancelled a provisional order issued the previous day by the same court nullifying polls in the six constituencies in the upcoming by-elections on March 26.

In its initial decision on Tuesday, the High Court upheld an earlier ruling by the same court that the recall from Parliament of the six legislators was orchestrated by a person with no locus standi, and therefore null and void.

This prompted the Zimbabwe Electoral Commission (ZEC) to immediately cancel scheduled by-elections in the six constituencies.

But, in a twist to the case, the High Court on Wednesday directed ZEC to proceed with by-elections in the six constituencies as originally scheduled.

The court decision was however made after the closing time for the nomination court, necessitating a second proclamation by President Emmerson Mnangagwa.

The Proclamation was duly made on Thursday in terms of section 129(1)(k) and section 159 of the Constitution of Zimbabwe, as read with section 39(1), of the Electoral Act.

“Whereas a judge of the High Court sitting in Harare had ordered the Zimbabwe Electoral Commission to cancel the nomination court process for six constituencies (namely Pumula, Nkulumane, Kambuzuma, Harare East, Mutasa South and Mbizo) in respect of which it had been alleged that no vacancies had occurred and whereas, subsequently another judge of the High Court sitting in Harare issued an order setting aside the afore-mentioned order and whereas due to the lapse of time since the issuance of the second-mentioned order, it is necessary to extend the nomination court process in respect of the six constituencies concerned,” he said.

“Now, therefore, under and by virtue of the powers vested in the President as aforesaid, I do, by this proclamation Proclamation 2 of 2022: order new elections for the afore-mentioned Constituencies; and fix Friday, 28th of January, 2022, as the date on which the nomination courts shall sit, commencing at 10 o’clock in the morning.”

The nomination court for the Pumula and Nkulumane constituencies will sit at the Bulawayo Magistrates Court, while that for the Kambuzuma and Harare East constituencies will sit at the Harare Magistrates court.

The nomination courts for the Mutasa South and Mbizo constituencies will sit at the Mutare Magistrates Court and the Gweru Magistrates court respectively.
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