Events of the past week following one of the most tightly contested US elections in history are proof of the importance of building strong and independent national institutions that do not capitulate to the dictates of those in power, according to a law expert here.
Constitutional law expert Alex Magaisa said on Saturday the fact that incumbent US President Donald Trump was at the forefront of attacks on the American electoral system came as a surprise to many around the developing world who are so used to seeing the incumbent wielding unbridled powers.
Trump railed at the electoral authorities for allegedly manipulating the process to favour his main opponent, Democratic presidential candidate Joe Biden. Biden was later declared President-elect on Saturday.
“The sight of an incumbent railing incessantly against the electoral system has surprised many observers, especially from countries where the sitting president often wields a huge amount of power over the electoral system,” Magaisa said.
He noted that in most developing countries, it is the opposition that traditionally complains of election rigging, not the incumbent.
“This is an indication of a key distinction where the president does not have control of the political referees,” the law expert said.
He added: “Democracy is weaker in countries where political referees are controlled by the president because they always bend to his or her will.”
He cited that the case of Zimbabwe where the electoral commission “could not even challenge the government when its plans to hold by-elections under a new COVID-19 election policy were reversed.”
President Emmerson Mnangagwa’s government barred the Zimbabwe Electoral Commission (ZEC) from holding by-elections in about eight constituencies following the deaths of sitting members of parliament.
ZEC announced on September 9 that the by-elections would be held on 5 December 2020 and the nomination court would seat on 5 October.
The commission’s decision was, however, overridden by Vice President Constantino Chiwenga who ordered the suspension of the polls, citing fears about the spread of Covid-19. Chiwenga is also Zimbabwe’s health minister.
The reason for the suspension has been dismissed by political parties which argue that World Health Organisation guidelines, in fact, permitted the holding of elections.
Magaisa said the fact that ZEC is unable to stand by its earlier announcement to hold the by-elections in December is proof that the body is not independent, a development that puts into question its credibility in the administration of polls in Zimbabwe.
“This is why strong institutions matter in democratic systems.
“The US election has so far demonstrated that even in the face of a strong-willed leader, it is strong democratic institutions that ultimately safeguard democracy,” Magaisa said.
He said this was the reason why some countries refer to such independent bodies as “institutions supporting democracy”.
“The value of these institutions is that they usually (but not always) transcend political affiliation and the political allegiances of those who run them.”
The law expert ends by noting that it is difficult to imagine, in Zimbabwe and many other African countries, a situation where elections are run in a free and fair manner – where those appointed by a sitting president to organise elections actually discharge their constitutional duty for the good of all, and not just the appointing authority.
Given the history of election rigging, it is hard to imagine that these administrations would be fair to candidates of the opposition party, he said.
JN/APA