The ERC proffers this legal opinion which identifies legal risks and issues that electoral stakeholders should address as part of the ongoing recalls of members of the National Assembly and the Senate. From the perspective of an electoral stakeholder, this legal opinion, or more specifically the engagement around the content of the legal opinion, is a valuable tool towards a credible electoral process.
The legal opinion analyses the legality of the filling of vacancies of Party-list seats in Parliament, following a notice by the Zimbabwe Electoral Commission (ZEC), dated 30 July 2020, notifying the public of vacancies among Party-list Members of Parliament. The vacancies arose from the recall of MDC Alliance Members of Parliament by the MDC-T party on the grounds that they had ceased to be members of the MDC-T.
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