CLAIM: A number of sitting opposition Citizens Coalition for Change (CCC) councillors and MPs may be barred from contesting the upcoming elections if the Electoral Act Amendment Bill is signed into law
SOURCE: Newsday
VERDICT: True
In a story published by the NewsDay on 12 April 2023, headlined ‘Electoral Bill, bad news for CCC’, a claim was made that ‘a number of sitting opposition Citizens Coalition for Change (CCC) councillors and MPs may be barred from contesting the upcoming elections if the Electoral Act Amendment Bill is signed into law’.
The claim has been rated as true – though it’s not that simple.
The sentence would have to be an effective jail term of 6 months or more, without the option of a fine or other non-custodial remedies. The conviction would also have to be for ‘an offence of which breach of trust, dishonesty or physical violence is an essential element’.
The Electoral Amendment Bill (H.B. 11, 2022) was gazetted on 18 November 2022 and is in the second reading stage.
Among other things, the Bill seeks to disqualify previously convicted persons from contesting in elections.
This has been a bone of contention with the opposition, Citizens Coalition for Change, saying that it is targeted at barring their members from contesting in the upcoming elections, here.
In a statement, election watchdog body, Zimbabwe Election Support Network, argues that ‘the Bill addresses nominal and administrative reforms whilst ignoring pertinent reforms that may have a direct bearing on the transparency and credibility of elections in Zimbabwe’.
On the other hand, Justice minister, Hon. Ziyambi Ziyambi, has been quoted by the Herald newspaper saying, ‘We need to have it passed before proclamation of elections. Once we manage to do that, it will be used for the forthcoming elections’, here.
Credit: NewsDay
Disqualification of candidates from contesting elections
Currently, the Constitution is the only document dealing with the disqualification of candidates in an election. Sections 121 and 125 of the Constitution state a candidate cannot stand in an election if:
- They are detained under a law relating to mental health, or have been declared unfit to manage their affairs, or have been convicted of certain electoral offences or
- Within five years before the election they vacated a seat in the Senate or the National Assembly in terms of section 129(1)(i) through having been convicted of an offence.
Under sections 121 and 125 of the Constitution a person will be debarred from standing for election on the ground that they committed a “disqualifying offence” only if:
- they were a Senator or Member of the National Assembly, and
- within the preceding five years, they had to vacate their seat after being convicted of a “disqualifying offence”.
The Electoral Amendment seeks to extend the disqualification to the Electoral Bill by amending Section 4 to read;
4 (a) … the disqualification of a candidate for election to the National Assembly or a local council, …being found guilty—
(a) in Zimbabwe of an offence of which breach of trust, dishonesty or physical violence is an essential element; or
(b) outside Zimbabwe of conduct which, if committed in Zimbabwe, would be an offence of which breach of trust, dishonesty or physical violence is an essential element; and being sentenced to imprisonment for six months or more without the option of a fine or without the option of any other non-custodial punishment, unless within the relevant period—
(i) the candidate has been pardoned for the offence; or
(ii) on appeal the candidate’s conviction is set aside or the sentence of imprisonment is reduced to less than six months
Impact on CCC members
If passed into law the amendment, may, as the claim states, be barred from standing in the upcoming elections.
This is because there are a number of CCC members who have ongoing court cases. These include Tendai Biti and Job Sikhala. If convicted, and sentenced to more than 6 months without the option of a fine, they will be among those disqualified from contesting the election if the amendment is passed.
On May 3, MP Job Sikhala was convicted of obstructing the course of justice. This led to Twitter users already raising questions of whether this disqualified him from contesting, here.
This conviction does not bar Sikhala from contesting in the elections since he was sentenced to six months, with the option of a fine. However, he still has other outstanding cases.
Timing
For the amendment to become effective in this election, it has to be signed into law before the date for the election is proclaimed according to the Constitution in Section 157 (5) stating that, ‘After an election has been called, no change to the Electoral Law or to any other law relating to elections has effect for the purpose of that election’.
Conclusion
The claim that ‘a number of sitting opposition Citizens Coalition for Change (CCC) councillors and MPs may be barred from contesting the upcoming elections if the Electoral Act Amendment Bill is signed into law’ has been rated as true because the possibility is there if the sitting members with cases in the courts are convicted and sentenced to more than six months in jail, without the option of a fine.
