MDC endorses poll

The Herald

Herald Reporters – NINE out of the 12 MDC provinces have endorsed the forthcoming Senate elections by successfully filing nomination papers in 26 constituencies at the close of the nomination courts yesterday.

This has left the ruling Zanu-PF with 19 uncontested seats and its candidates automatically become Senators.

The remaining seats are being contested between Zanu-PF and independent candidates.

The opposition party defied its president Mr Morgan Tsvangirai’s calls to boycott the elections by fielding candidates in Harare, Chitungwiza, Masvingo, Mashonaland West, Midlands North and South, Matabeleland North and South and Bulawayo.

The MDC failed to nominate candidates in Mashonaland East, Central and Manicaland amid allegations of intimidation and violence against those who sought to lodge their papers with the nomination courts.

In Masvingo province two small opposition parties – Zimbabwe Youth in Alliance and the Peace for Action – fielded candidates in Masvingo and Chiredzi-Zaka constituencies.

The total number of MDC candidates came to 26 after another candidate, Mr Author Masimba Furamera, who wanted to stand in Chinhoyi, was disqualified for bringing inappropriate identity particulars. This means that the pro-participation lobby prevailed over Mr Tsvangirai by a margin of 52 percent to 48.

The nomination turnout mirrored the MDC national council’s vote of October 12 which stood at 33 to 31 votes in favour of taking part, translating to a 57 to 43 percent victory for the pro-participation camp led by secretary general Professor Welshman Ncube.

MDC spokesman Mr Paul Themba-Nyathi said the fact that nine out of Zimbabwe’s 10 provinces – or nine out of the MDC’s 12 provinces – filed nomination papers means the many in the MDC are guided by democratic ideals and want to see their party adhering to its founding principles of free democratic expression.

Turning to Mr Tsvangirai’s calls for non-participation, Mr Themba-Nyathi said: “The president of the MDC holds a different view. He is very strong on that view and no one in the MDC seeks to take that view from him.

“He was, however, elected by congress to uphold and defend the constitution of the party and we have no doubt that he will discharge his duties accordingly.”

Mr Tsvangirai’s spokesman, Mr William Bango, differed with the MDC spokesman, saying his boss’s position remained unchanged.

“Mr Tsvangirai believes that the position he raised two weeks ago still stands and anybody who filed nomination papers today did so as an independent. The traditional candidate selection procedures in the MDC were not followed with respect to those who submitted nomination papers, and these guys know it,” he added.

Legal experts said the MDC leader now faces a crisis of legitimacy after three-quarters of the provinces that elected him at congress refused to follow him, and actually exceeded the two-thirds majority vote needed to unseat him.

MDC secretary for legal affairs Mr David Coltart said the results of the nomination were self-evident.

He, however, refused to comment on what the party would do if Mr Tsvangirai attempts to victimise Senate candidates, saying he did not want to speculate on the matter.

Constitutional lawyer and chairperson of the National Constitutional Assembly Dr Lovemore Madhuku said opposition candidates who filed papers had acted within their legal rights.

“On a strict interpretation of the law, MDC candidates were correct in filing nomination papers. Any analysis shows that legally the MDC voted to participate, (because) at law the decision of the national council constitutes the party’s decision.

“With a 52 percent defiance of Tsvangirai, the ball is now in his court to take a decisive decision and tell the nation who is in control in the MDC.

“Is it the faction he leads or the other one?”

Another Harare lawyer, who spoke on condition of anonymity, said Mr Tsvangirai’s decision to go against a constitutionally binding vote invites a no-confidence motion in his leadership,

“Within the structures of the MDC, one can see that there is a body that makes decisions on whether or not to participate. That decision is not the preserve of the president of the party. When that decision is taken, it should be adhered to.

“Those who filed nomination papers are the ones who are complying with the constitution. Tsvangirai’s actions only serve to invite a vote of no confidence in his leadership.”

Article 10 of the MDC constitution that deals with disciplinary matters empowers the disciplinary committee, under subsection 10.5, to frame, enquire, charge, reprimand, fine, suspend and expel members who have been found guilty of:

“(a) A wilful breach of any of the provisions of this Constitution and any regulations made in terms hereof; and/or

(b) Conduct unbecoming and prejudicial to the interests or reputation of the Party and the objects and purposes for which it stands and/or conduct which may bring the Party into disrepute.”

According to the strongly worded reprimand-cum-charge sheet issued against Mr Tsvangirai by the chairman of his party’s disciplinary committee, MDC vice president Mr Gibson Sibanda, last week, the opposition leader “wilfully violated the constitution of the MDC and breached its provisions”.

Mr Tsvangirai is also accused of violating section 4.4 that requires every member to accept and conform to the constitution; paragraphs (a) and (b) of section 6.1.1 that vests the duty to uphold and defend the constitution in the party president; and section 6.1.2 that requires him to act as a spokesman on major policy issues but bars him from acting or doing anything contrary to the party’s principles.

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