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By-elections Update: Magaisa Speaks On "Political Party Funding: What Happens Now?"

By-elections Update: Magaisa Speaks On

United Kingdom-based law lecturer, Alex Tawanda Magaisa, has said there can be readjustments to political party funding as a result of the just-ended by-elections which saw opposition Citizens Coalition for Change (CCC) winning the majority of National Assembly and local government seats. Under the Political Parties (Finance) Act, the ruling ZANU PF and the opposition MDC Alliance have been receiving funding based on the 2018 election outcome where the two parties attained at least 5% of the total votes cast in a general election. Pindula News presents Magaisa’s Twitter thread on the matter:

Political party funding: what happens now?

Several people have asked this question so here’s a short thread. Zimbabwe has a law that provides for the funding of political parties. This is consistent with section 67(4) of the Constitution which says there must be such a law.

That law is called the Political Parties (Finance) Act. For a party to qualify for funding, it must have won at least 5% of the total votes cast in a general election. Only 2 parties qualified in 2018: ZANU PF & MDC Alliance. The money was given to these parties.

After the controversial Supreme Court judgment in March 2020 things changed and the government began to allocate that money to the MDC-T under Khupe & later under Mwonzora. That diversion was meant to financially cripple the legitimate opposition.

So what if there are by-elections and the composition of Parliament changes? Section 3(4) states that there shall be adjustments to the amounts payable to political parties having regard to changes in the total votes cast as a result of the by elections.

I’m not sure that this provision has ever been invoked in the past to make changes to funding but if it has government will just follow precedent. If not, however, a new precedent will have to be set following these by-elections. A number of factors will come into play.

First, the MDC-T has now lost title to all the votes that were won in the affected constituencies in 2018. These votes now belong to the CCC. The next question is whether this loss affects the MDC-T’s ability to meet the 5% threshold to qualify for funding.

In this regard, it matters that the higher voter turnout in 2018 contributed to the MDC-T’s ability to make the threshold. In any event, the loss of those high numbers will significantly reduce its share of the political funding since funding is tied to the number of votes.

As for the CCC, qualification for funding also depends on meeting the 5% threshold. The problem I foresee is the low voter turnout in the by-elections which means the total votes might not make a big impact on the total number of votes cast at the general election in 2018

But this is a matter that I leave to those whose minds are suitably tuned to figures. What I have given here is the legal formula. You guys can now exercise your able mathematical minds but I imagine you would need the entire data set of results from 2018 & the by-elections.

So in short, the answer is yes, there can be readjustments to political party funding as a result of the by-elections and while I don’t know of a precedent, there’s room to chart a new one based on the current set of circumstances.

More: Pindula News


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15 Comments

NHM 1 month ago

funding or no funding... keep the ball rolling


Nkust 1 month ago

But ka Magaisa if you are a lawyer then woti zvimwe zvinhu zvoda answer ye law yacho woti hauzivi manje uri munhu pachii to to vhunza madhuku zve


Pidigu Dhii 1 month ago

interesting take...I wonder if & when Chmisa will begin wooing the remaining Mwonzora mps to cross the floor?


Raymond gangazha 1 month ago

Yes l love this


WILLIAM SONBOY CHINEMBIRI exee 1 month ago

GOOD MORNING MY FELLOW PINDULA READERS?I HOPE YOU DOING EXTREMELY WELL.I WILL QUICKLY JUMP INTO ANALYSIS SHIP AND HOPE SWIFT CRUISE.

ACCORDING TO TO THE POLITICAL PARTIES (FINANCE) ACT. FOR A PARTY TO QUALIFY FOR FUNDING, IT MUST HAVE WON AT LEAST 5% OF THE TOTAL VOTES CAST IN A GENERAL ELECTION. ONLY 2 PARTIES QUALIFIED IN 2018: ZANU PF & MDC ALLIANCE. THE MONEY WAS GIVEN TO THESE PARTIES.

AS FOR MY CCC, QUALIFICATION FOR FUNDING DEPENDS ON MEETING THE 5% THRESHOLD. THE LOW VOTER TURNOUT IN THE BY-ELECTIONS MEANS THE TOTAL VOTES MIGHT MAKE LESS IMPACT ON THE TOTAL NUMBER OF VOTES CAST AT THE GENERAL ELECTION IN 2018,ALL THE SAME WE ARE GUARANTEED A 5% THRESHOLD
A HALF BREAD IS BETTER THAN NOTHING.

WHAT I HAVE GIVEN HERE IS THE LEGAL FORMULA. YOU MY READERS CAN NOW EXERCISE YOUR ABLE MATHEMATICAL MINDS BUT YOU WOULD NEED THE ENTIRE DATA SET OF RESULTS FROM 2018 & THE BY-ELECTIONS.VYBZ KARTEL,TKT AND OTHERS WHO ARE GAINFULLY EMPLOYED BY THE GVT MIGHT HELP WITH STATS.

IN CONCLUSION, THERE CAN BE READJUSTMENTS TO THE FUNDING AS WE ATTAINED A LION'SHARE ON MWONZORA'S MPs.CMARADHA TOGARASEYI HAS LOAT NOT ONLY THE MPS BUT THE PART OF FUNDING AND OF COURSE, BRAGGING RIGHTS.

[ PEACE TO THE GENTILES, THE GREAT BUSH LAWYER , THE WISE ONE FAR BETTER THAN ANY ,WILL RETURN ]

YOURS SINCERELY
CDE KUFA KWANGU ZVAROVA
[ THE BUSH LAWYER ].


Cc guru 1 month ago

Well said Chibaba

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Terminator 2 😎 1 month ago

Varume ndirikudawi whip yokurovesa madhongi angu nema toki aridzira nyimo dzevanhu dzisati dza kohwewa ane whip anditumirewo hameno kana chief vangu vanayo ndirikuitsvaga big-time .


Terminator 2 😎 1 month ago

Without kamari kenyu ikako tango chibvondora wani who needs bats wings to fly if can get a Boing 707 to fly with trust me we have pple Zimbos uniting to speak with 1 voice .Tino funer tega sezvatakangoita Too many business gurus rich Zimbos motor takatenga wani tega kkkkk hatimiri wangu tuka hako but midzi yakatobaya muvhu hatidzoki apa ndokutaurira zvasiyana be Mdc izvi watch and learn my bro uripo masikati wakavhura ziso see borimhori eat my dust sucker.


Shampoo 1 month ago

Hatina basa ne funding yenyu isu. Government ichaita yedu ye CCC taku tsotsonyai dzimwe mbavha Garai maka gadzirira kupinda mujeri kana kutizira kwamakaisa taxe dzedu dzama KABA. MBAVHA Dzevanhu Nxaaaa!!!


S 1 month ago

Nyaya iripo ndeyekuti hatichada kutongwa ne MBAVHA inonzi ZANU PF. MADHARA ESE GO AND REST MUONE ZIMBABWE ICHI BUDIRIRA YAVA KUTONGWA NE MUKOMANA. THATS THE FACT


ngorima mushava 1 month ago

5% threshold....vaMagaisa majekesa zvakanaka

chief Whip 1 month ago

I don't see Zanu Pf government bending over backwards to help CCC ... that's not going to happen and any other notion is just wishful thinking.


Zim 1 month ago

you might be right but idont see it coming


Zim 1 month ago

you might be right but idont see it coming


Our Zim 1 month ago

VaMagaisa muri ryt bt 5% threshold iyo ichanyudza ccc.



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