Tshabangu Pushes To Scrap By-elections

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HARARE – Citizens Coalition for Change (CCC) leader Sengezo Tshabangu has proposed sweeping constitutional changes that would abolish parliamentary by-elections between general elections, arguing they have become costly, divisive and prone to violence. His proposal came as the Senate overwhelmingly passed the Constitution of Zimbabwe Amendment (No. 3) Bill on Wednesday, moving the controversial legislation a step closer to becoming law.

By Advent Shoko

Key points from Tshabangu’s proposals

– Scrap parliamentary by-elections between general elections and allow the political party that won the seat to nominate a replacement whenever a vacancy arises.

– Independent MPs would be replaced by the runner-up from the previous election, with the Zimbabwe Electoral Commission (ZEC) required to gazette the replacement within 21 days.

– Support extending President Emmerson Mnangagwa’s current term by two years, with the extension also applying to Members of Parliament, senators and councillors.

– Back replacing direct presidential elections with a system in which the President is elected by Parliament.

– Call for automatic voter registration linked to the issuance of national identity cards.

– Propose that at least 15% of national revenue be devolved to provincial and local authorities.

– Push for a constitutional mechanism to address Gukurahundi-era reconciliation.

– Reject calls for a referendum on the Constitutional Amendment Bill, arguing Zimbabwe should avoid repeating what happened during the rejected 2000 constitutional referendum.

What Tshabangu said

During debate in the Senate, Tshabangu argued that Zimbabwe should abandon mid-term by-elections altogether.

He told senators that by-elections had become “a flashpoint of violence, division and a waste of public funds,” proposing that whenever a parliamentary seat becomes vacant, the party that originally won it should simply appoint a replacement instead of forcing voters back to the polls.

For independent legislators, he proposed that the candidate who finished second in the previous election should automatically inherit the seat.

According to Tshabangu, the proposal would reduce political conflict, save millions of dollars and allow government to focus on service delivery instead of recurring election campaigns.

Why he wants the change

Tshabangu said his proposal draws inspiration from Zimbabwe’s Government of National Unity (GNU) formed after the disputed 2008 elections.

He reminded senators that under the Global Political Agreement (GPA), Constitutional Amendment No. 19 suspended parliamentary by-elections. During that period, vacant seats were filled by nominees from the political party that had originally won the constituency.

He argued that the arrangement maintained the balance of power in Parliament, reduced political tensions and saved public funds.

How vacancies have traditionally been filled

Before the Government of National Unity, and again under the 2013 Constitution, parliamentary vacancies have generally triggered by-elections, except for proportional representation seats reserved for women, youth and persons with disabilities, where political parties nominate replacements from their party lists.

Since the 2023 general elections, Zimbabwe has witnessed numerous recalls of CCC Members of Parliament and councillors. Most of those vacancies were subsequently filled through by-elections, while proportional representation vacancies were filled through party nominations in line with the Constitution.

If Tshabangu’s proposal were eventually adopted, future vacancies in constituency seats would no longer require by-elections. Instead, the political party that won the seat would simply nominate another representative, fundamentally changing Zimbabwe’s electoral system.

Political implications

The proposal carries significant political implications.

The 42 CCC legislators and four senators who opposed the Constitutional Amendment Bill have expressed concern that, should Tshabangu’s proposal eventually become law, recalled legislators could be replaced without fresh elections, provided the recalling authority retains control of the party’s nomination process. The electorate won’t be directly involved in choosing their representatives.

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