Last week, the JSC announced that it has appointed six members to serve as IEC commissioners, "since the All Party Conference (APC) failed to agree on a list of persons to recommend for appointment”. The appointees who join the chairperson of the IEC, Justice Barnabas Nyamadzabo are Kennedy Piet , Maotoanong Sebina, Uyapo Ndadi, Elizabeth Masire, Thebeyame Tsimako and Wame Thanke. Contrary to the JSC, the APC had recommended Grace Seitshiro, Professor David Sebudubudu (Political science lecturer at UB), Professor Emmanuel Botlhale (Public Administration lecturer at UB), attorney Tshiamo Rantao, retired statistician general Dr Burton Mguni, Diabi Mmualefe (retired diplomat), Malealea Kgosietsile (former CEO and head of Bobirwa Sub-Land Board, Ntakhwana, Caesar Lekgoa and Game Dibeela.
The list of appointees has caused uproar with the opposition seemingly not amused as it says the JSC has completely disregarded the recommendations of the All Party Conference. Just two days after the commissioners took oath to commence their work on Tuesday, opposition parties are demanding their appointments reversed and for the JSC to act in accordance with Section 65A (1)(c). The opposition parties have instructed Moahi Attorneys' Chabuya Lowani to file a statutory notice, indicating their intention to institute review proceedings against the JSC. Through a notice issued yesterday, the (opposition parties) are requesting the Attorney General to waive the (30) days requirement for Statutory Notice to allow them to file an urgent review application that can be dealt with and be determined before the general election scheduled for October 30. According to the notice served on all parties, the envisaged review application is on the basis that the JSC acted contrary to Section 65A (1)(c), rendering its decision liable to be reviewed, corrected and set aside on account of illegality or for being ultra vires. “In the said review, we will further argue that a liberal, positive, broad and purposive interpretation of Section 65A (1)(c) would not result in the conclusion that the All Party Conference must unanimously for it to make the required list from which the JSC ought to appoint from,” reads the notice.
