afrol News / SANF, 25 June - The Zimbabwe Electoral Commission (ZEC) has termed opposition Movement for Democratic Change leader Morgan Tsvangirai's withdrawal from the 27 June presidential run off polls "unconstitutional". Mr Tsvangirai submitted his letter of withdrawal yesterday, saying he could not ask people to vote for him, while they are risking their lives.

ZEC Chairperson Justice George Chiweshe said Zimbabwean law clearly states procedures to be followed if a candidate wishes to withdraw from an election, saying it has to be communicated officially and it has to be done within the confines of the Zimbabwean constitution.

He said, according to the terms of the Zimbabwe Electoral Act, the withdrawal of a candidate is done 21 days prior to election date, saying upon receipt of a notice of withdrawal the Chief Elections Officer shall then cause the withdrawal to be published in a government gazette and in all newspapers of mass circulation in Zimbabwe.

"None of the candidates has so far withdrawn from the race. Politicians will say anything anytime, but there are certain things, which must be done officially and according to the laws of the land. We have not been officially approached by any of our candidates on the withdrawal," Mr Chiweshe added.

He said progress made in preparation for presidential runoff and by-elections scheduled for 27 June were at an advanced stage, adding that the withdrawal by the MDC at the stage was unlawful and could compromise the country's stability.

"The legal position according to the Zimbabwean Electoral Act is that the situation of a candidate for the run-off or the second election is not a voluntary exercise; one gives that consent when he/she contests the first election," Mr Chiweshe said. He said runoff is automatic if a candidate took part in the first round election, which Mr Tsvangirai did on 29 March.

Mr Chiweshe said the commission had by Monday not received any correspondence from the MDC regarding its withdrawal from the presidential race and thus had no reason to annul the election. "We have just heard about the withdrawal from the media. We expect the MDC to write to the Commission as the authority responsible for elections in the country. Maybe the letter will come and we will cross the bridge when we get there," said Mr Chiweshe.

He also said that it was premature to disclose what the law says in the event that one of the candidates withdraws from an election. "It is premature for me to say what would happen because people will start to speculate," he said.

Zimbabwe's Minister of Justice, Patrick Chinamasa, has also claimed that Mr Tsvangirai pulling out from the race was illegal. He said Mr Tsvangirai's withdrawal came after the postal vote has been cast, ballot papers have been printed, equipment has been deployed across the country and polling officers have been recruited, some have been deployed and some are in the process of being deployed.

Minister Chinamasa also said that the MDC was still carrying out campaigns despite claiming that it had pulled out of the race. This is being denied by the opposition.

Mr Chiweshe further added that the level of violence in the country would not be a barrier to credible elections. This strongly contrasts statements made by other African state leaders and election observers from the Southern African Development Community (SADC), stationed in Zimbabwe.

ZEC therefore concluded that it was ready for upcoming elections in Zimbabwe. The electoral commission has established 1,958 ward collation centres and 210 constituency collation centres for the presidential runoff. A national command centre was to be set up at the Harare International Conference Centre.

By SANF and afrol News staff writers

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