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Showing posts from January, 2025

THE CONSTITUTIONALITY OF CONSTITUTION AMENDMENT IN ZIMBABWE

There has been whirlwind of political rumours in Zimbabwe, of the intention by ZANU PF to extend the term-limit of its leader and current President of the country, ED Mnangagwa beyond year 2028, whilst the Zimbabwe Constitution of 2013, limits the president's terms in office to two, on a five year basis. This two term-limit is stated by Section 95(2)(b), with an exception of 'unless otherwise provided in the Constitution', by the contents of the same paragraph (b). Although, Section 95(2)(b) provide a remedy to its peremptory requirement through an exception, Section 91(2) negates the exception by mentioning that a person is disqualified for election as President or Vice-President if he or she has already held office as President under this Constitution for two terms, whether continuous or not, and for the purpose of this subsection three or more years' service is deemed to be a full term. The success of these provisions, read together, depend on methodology in interpre...

THE GHOST OF DISPUTING ELECTION RESULTS : HAS DEMOCRACY LOST ITS VALUE IN SOUTHERN AFRICA?

A new political norm is on a rapid rise in Southern Africa politics. A ghost of disputing pronounced election-outcomes within the political spectrum. In the 23 August 2023 elections in Zimbabwe, the Citizens Coalition for Change, a major opposition party denounced and disputed election results as rigged stolen vote, a habitual allegation not new in Zimbabwe political circles. Then, uMkhonto WeSizwe political party in South Africa, threatened the Independent Electoral Commission, an electoral  body with legal action in the 2024 elections, claiming the announced election results deflected from the accurate election outcome due to foreseeable irregularities and vote manipulation. The opposition parties in Mozambique claimed that the October 9, 2024 election results were rigged and refused to accept it, leading to violent clashes, and a court challenge. In Namibia, the biggest opposition party, the Independent Patriots for Change, after losing elections, proclaimed its intention to cha...