Prominent lawyer Advocate Thabani Mpofu says what the Zimbabwe Electoral Commission (Zec) says in its letter to him, dated 19 July, is useful as it suggests Zimbabwe National Army commander Lieutenant-General Anselem Sanyatwe’s remarks that voters will be subjected to “command voting” and Zanu PF will remain in power “forever” constitute a criminal offense.
Mpofu said: “In ZEC’s considered opinion, a reasonable suspicion exists that Lt. Gen Sanyatwe’s comments constitute a criminal offence. That important view still falls far short of condemnation of his utterances neither does it repair ZEC’s tattered credibility. I’m proceeding with cautious haste.”
Zec said it was unable and unwilling to act against Sanyatwe as that is the constitutional mandate of police and the National Prosecuting Authority (NPA). Zec says investigations are done by police, while the NPA “institutes criminal procedures”.
Zec further adds that it cannot condemn an alleged electoral malpractice “pending investigation and conviction using the procedures prescribed by law”.
Mpofu had challenged Zec to confirm or deny Sanyatwe’s statements that it is effectively captured.
If it is not captured, Mpofu had demanded Zec must condemn Sanyatwe’s remarks.
