A Harare lawyer has approached the Constitutional Court seeking an order declaring as unconstitutional President Emmerson Mnangagwa’s proclamation of the March 26 parliamentary and local authority by-elections.
Tapera Sengweni, and three other joint applicants argue that Mnangagwa acted unconstitutionally when he announced on December 24, 2021 that by-elections to fill vacant parliamentary and council seats would be held this month, arguing that the proclamation was done out of time.
Sengweni, an ally of MDC-T faction leader Douglas Mwonzora, argued that the proclamation of the by-elections is illegal and should be stopped.
Mnangagwa is cited as the first respondent while the Zimbabwe Electoral Commission (ZEC) is the second respondent.
“This is an application for a determination that the 1 Respondent failed to call for by elections in all the 28 House of Assembly seats and council seats within the time stipulated by the constitution of Zimbabwe and therefore an order declaring, that the two purported proclamations above are unconstitutional, therefore null and void ab initio,” read the application.
“…In any event, there is really no need for by-elections now. This country is due to hold its harmonised elections in the next 16 months. It is prudent to wait for that date.”
“As a small economy Zimbabwe has financial challenges that are affecting the greater majority of its population. The government is struggling to pay its employees a living wage. It is not prudent to drag the country into another plebiscite whose outcome does not change the numerical configuration of parliament in any way, 27.”
“At present the purpose of Zimbabwe parliament is to enact national law. There is no ‘individual’ value of a member of parliament at all. Any law made by Parliament will affect every Zimbabwean equally. It does not matter for example that the Member of Parliament for Mkoba is out of Parliament.”
“Parliament can still produce quality law led by debate from a Member of Parliament of say Umguza constituency,” he said.
“It is my view that this mini general election proclaimed by the 1 Respondent is too expensive for Zimbabwe and needless. They are out of time anyway.”
In 2014, Sengweni together with three other lawyers were delisted from the legal practitioners’ roll following allegations of malpractice, abuse of trust funds and tarnishing the profession’s image.
He was found guilty of unprofessional, dishonourable and unworthy conduct in a Legal Practitioner Disciplinary Tribunal.
Sengweni initiated a court process that invalidated Nelson Chamisa’s position as MDC leader which later saw Chamisa stripped off MDC party assets and name.
Citizens Coalition for Change spokesperson Fadzayi Mahere, alleged that the Constitutional Court application was a choreographed attempt by Mwonzora to subvert the will of the people by derailing by-elections on March 26.
Mwonzora was, however, quick to distance his MDC-T party from the court application.
“The MDC-T has neither filed nor sponsored any court application to stop by-elections. The application being circulated has been filed by a group of four Zimbabweans. We do not interfere with Zimbabweans seeking to assert their rights,” Mwonzora said.
