Zimbabwe’s president, Emmerson Mnangagwa, proclaimed 27 April 2024 as the by-election date for Mount Pleasant and Harare East, the two constituencies opposition legislators resigned from.
The two vacancies arose in the National Assembly following the resignations of Fadzayi Mahere and Allan Markham, Mount Pleasant and Harare East, respectively.
Mahere resigned on January 29, 2024, and Markham on January 31, 2024, in solidarity with former Citizens Coalition for Change (CCC) leader Nelson Chamisa, who resigned from the party on January 25, 2024, citing infiltration of the opposition.
“Whereas in terms of Section 129 (1) (b) of the Constitution of Zimbabwe, the seats of members of Parliament for Harare east and Mount Pleasant have become vacant by reason of resignation of Markham Rusty and Mahere Fadzayi on the 20th of February 2024, who were the elected members of Parliament for the respective constituencies,” President Mnangagwa said in the first proclamation of 2024 in Statutory Instrument 37A of 2024.
This proclamation follows a notice by Speaker of the National Assembly Parliament, Jacob Mudenda.
“And whereas it is provided by Section 39(2) of the Electoral Act (Chapter 2:13) that after the president has been notified in terms of the said section of vacancies in the membership of Parliament, he shall issue a proclamation ordering a new election to fill the vacancies in the same manner, mutatis mutandis, as is provided in Section 38 of the said Act in regard to general election,” said the president.
“And whereas the Speaker of Parliament has notified me on the 20th of February 2024 in writing of vacancies for the aforementioned constituencies.”
President Mnangagwa said the Nomination Court would sit on March 26, 2024.
“Now, therefore, under and by virtue of the powers vested in the President as aforesaid I do by this proclamation-
(a) order new elections for the constituencies of Harare East and Mount Pleasant; and
(b) fix Tuesday the 26th day of March, 2024 as the date on which the Nomination Court shall sit, commencing at 10 o’clock in the morning, at the Magistrates Court Rotten Row, Harare for the purpose of receiving nomination of candidates for election as a member of National Assembly constituencies for Harare East and Mount Pleasant; and
c) fix Saturday the 27th of April 2024, as the day on which a poll shall be taken if a poll becomes necessary in terms of Section 46 (17)(c) of the Electoral Act (Chapter 2:13).
According to Section 158(3) of the Constitution of Zimbabwe, polling in by-elections to Parliament and local authorities must take place within 90 days after the vacancies occurred unless the vacancies occur within nine months before a general election is due to be held, in which event the vacancies may remain unfilled until the general election.
It remains to be seen whether Mahere and Markham will run in the by-elections.
