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Dr Gono

Felex Share Herald Reporter
Political analysts and legal experts yesterday commended Zanu-PF for upholding the Zimbabwe Electoral Commission’s decision to stop former Reserve Bank of Zimbabwe Governor Dr Gideon Gono’s senatorial bid in Manicaland, saying it showed the revolutionary party respects the rule of law.
The experts said the move showed respect for independent institutions, enhancing democracy in the process.

In its Politburo meeting on Wednesday, Zanu-PF upheld the position of ZEC that legally Dr Gono was not qualified to become Senator as he was not a registered voter in Manicaland.

The party said the law could not be amended to suit the circumstances of an individual.

Mr Terrence Hussein of Hussein and Ranchhod Legal Practitioners said Zanu-PF had set the “bar high” by respecting independent institutions.

“Zanu-PF being the ruling party with a majority in Parliament is setting an example on the issue of the rule of law in the country,” he said.

“It shows that independent institutions are allowed to make decisions and announcements and once they make those announcements they should be respected.”

Mr Hussein added: “This is important when it relates to electoral commissions because it is showing that the party is subservient to the Commission.
“The party has set the bar very high and all other parties are expected to follow. Other independent institutions should also work along those lines.”

Said Advocate Fred Gijima: “It shows that the party has got guidelines and it is also guided by its own constitution as to how it conducts its issues.

“This is what we call observing and respecting the Constitution of Zimbabwe.”

Dr Gono was hoping that the Politburo would overturn the ZEC decision after the electoral body last month wrote to Zanu-PF indicating that although Dr Gono had been nominated for the post by the party, he did not meet the legal criteria required by the new Constitution.

Political analyst Dr Charity Manyeruke said politics should comply with the law.

“It shows that the Politburo is not bigger than the law,” she said. “It shows that the law in Zimbabwe is above any individual, institution or political party.

Every citizen has to abide by the law and where we are not clear the courts are there for interpretation.”

Dr Manyeruke said no politics happen in a jungle.

“It happens within the confinements of the law,” she said. “Zanu-PF has told itself that it is not above the law. This enhances democracy in the country.”

Another analyst Dr Nhamo Mhiripiri said laws were made to make lives manageable and Dr Gono was not the only one affected by the development.

“We need order,” he said. “If we have a vacuum that does not explain an action, you do not start by appointing someone and go back to the law in retrospect.

“You need first to formalise issues by establishing a law. Dr Gono is not the only one being affected, but ordinary Zimbabweans are also in that predicament.”

Dr Mhiripiri said it was unfortunate that Dr Gono’s case was being viewed by some from factional politics.

“Some people have showed that they have hidden agendas,” he said. “Some seem to be celebrating this, while others are pushing hard for him to get that post immediately.

“Let us be calm and see how we can legitimise everything. Amendments will improve our systems and make them efficient, credible and accountable.”

Dr Gono had tried to transfer himself as a voter to Manicaland unlawfully through the Registrar General’s Office, but ZEC chairperson Justice Rita Makarau indicated that the purported transfer violated the new Constitution.

Such powers, Justice Makarau pointed out, were no longer vested in the RG’s office and Dr Gono’s certificate of registration of a voter serial number 454601K, issued at Makombe Building on December 5 last year, transferring him to Manicaland was invalid.

Dr Gono was nominated by Zanu-PF Manicaland province to replace Cde Kumbirai Kangai who died in August last year and was declared a national hero.

His nomination was subsequently endorsed by the Politburo, but his hopes of eventually clinching the seat vanished on Wednesday when the Politburo ruled that it stood guided by ZEC’s decision which is final.