Opposition calls for removal of clause that seeks to bar candidates with prior convictions

Opposition political parties are calling for the removal of a proposal to disqualify candidates based on previous convictions in the proposed Electoral Amendment Bill, claiming this legislation will be selectively used by the State to bar them from contesting in the national elections.

Clauses 7 and 9 of the Electoral Amendment Bill prohibit nominations of people convicted of certain crimes and require candidates to disclose in their nomination papers whether they have been convicted of a “disqualifying offence in the previous 12 months and sentenced to six months or more in prison.”

However, Section 129(1)(i) of the Constitution already establishes disqualifications for candidates seeking public office, stating Members of Parliament must resign if convicted of a crime involving breach of trust, dishonesty, or physical assault and sentenced to six months or more in jail.

According to the opposition, the proposed bill goes beyond what the Constitution already stipulates and does not include any other disqualification based on the commission of offences.

These sentiments have arisen as certain opposition members have been accused of various offences, and if convicted, fears are their appeals would not overturn that disqualification; as a result, the contesting parties are pushing for this provision to be repealed.

“What we have is a very dicey situation. As much as we are advocating for a society that is led by people who are honest, respect human life and are not violent, we must consider the general fact that courts in Zimbabwe are captured,” said ZAPU Secretary General, Mthulisi Hanana.

Hanana described the amendment bill as a “good law in the hands of a bad government” because anyone viewed as a threat to the political gains of Zanu PF may be arrested and disqualified.

“People like Job Sikhala, the MRP9 are imprisoned and many other activists that have been arrested, charged or are waiting on bail,” he said.

The ZAPU SG noted that it was amazing how persons campaigning for such legislation have been accused of mass murder.

“From as high as president and most of the people he leads in Zanu. They are gukurahundists, rapists and everything but because they are in charge of the country and the judiciary they have evaded justice,” Hanana claimed.

“If I had a choice, I would rather be led by a small-time crook than a mass murderer.”

Citizens Coalition for Change (CCC) Bulawayo interim Provincial Spokesperson, Swithern Chirowodza, concurred this “dangerous” bill served the “narrow dictatorial Mnangagwa interests.”

The bill, he said was “in the words of Eddison Zvobgo, ‘a calculated assault on our liberties.’”

“Because of Mnangagwa’s notoriety in abusing state apparatus, the bill is a curse. It is an oppressor’s tool and latest ammunition in the Mnangagwa regime’s evil toolbox.”

Chirowodza argued that a captured judiciary will be unable to apply the law impartially and once enacted, would provide a legal basis for Zanu PF to use the courts to stage electoral coups against political opponents.

“This bill is crafted by people who jailed liberation war luminaries Lookout Masuku and Dumiso Dabengwa for years without trial. Their crime was not being either Zanu PF or Rhodesia Front.”

The CCC member said it is strange the State expected citizens to trust them when they enact capricious and self-serving laws.

“Job Sikhala has been held close to a year without trial and this bill should be called the Job Sikhala Bill because there are rumours of a plan to convict him so that he doesn’t contest his parliamentary seat,” Chirowodza alleged.

“This rumour doesn’t surprise us since Zanu PF mooted the idea of raising the age of a candidate for president to 50 years to bar Nelson Chamisa from contesting the presidency.”

Leader of the Mthwakazi Republic Party (MRP), Mqondisi Moyo, echoed that the Electoral Amendment Bill reflected “desperate autocracy that will do anything to eliminate opposition politics in the country.”

“It is one of those draconian measures to extend the present administration’s hold on power,” he said, claiming Zanu PF has adopted a culture of considering all opposition voices as criminal.

“As such, opposition politicians are destined to be arrested, charged with, and convicted of uncommitted crimes. If the bill is signed into law, automatically opposition members will be unqualified to contest, allowing ZANU to run elections alone.”

Moyo, like Hanana, emphasised that if the government is serious about reducing crime, known criminals must first be prosecuted.

“Those who have a criminal record of murder must be convicted and barred from participating in an election. We know of thieves who are currently in office, some who are responsible for the massacre of thousands of the people of Matabeleland and Midlands; who raped  Mthwakazi women; starved and disappeared millions in Mthwakazi. May such be convicted and barred from running for public office,” he said.

“Finally, the bill will not work out fairly because the courts which convict people are controlled by Zanu. Those in Zanu will commit crimes and get away with them. This is just a Zanu ploy to rid opposition politics from participating in politics so I condemn the proposed bill without reservation.”