CORD and Jubilee Party leaders clash over poll agency role in primaries

Jubilee Party (JP) and Coalition for Reforms and Democracy (CORD) are headed for another clash over the role of electoral body in party primaries.

JP has indicated that it will invite the Independent Electoral and Boundaries Commission (IEBC) to conduct its party nominations, but the opposition thinks it is unworkable.

The opposition argues that there is no legal framework to address how IEBC will conduct internal party primaries and who will fund the exercise.

For instance, CORD says should a dispute arise from any party primary conducted by IEBC, an appeal goes straight to the elections disputes tribunal therefore bypassing the party appeals structure.

This, they claim, is not only a violation of various electoral laws but also internal party constitution which provides internal dispute resolution mechanism.

The opposition party said the political parties disputes tribunal has no jurisdiction to handle nomination disputes as the jurisdiction is vested in the commission pursuant to Article 88 of the Constitution and can not be donated.

In a draft elections (political party nomination) regulations 2017, rule 23 (5) states: "A dispute arising from party primaries supervised by the commission shall be heard by the Political Parties Dispute Tribunal."

The regulations emanate from the recently amended election laws.

"We will stop any bid by IEBC to conduct Jubilee primaries even if it means going to court," CORD secretariat head Norman Magaya said.

IEBC CEO Ezra Chiloba said the draft is only a proposal and a final document will be forwarded to Parliament after extensive consultations.

The IEBC chief said there was no need for alarm as the draft regulations have to be subjected to through scrutiny before they are adopted.

JP head of secretariat Raphael Tuju yesterday said the party was still engaging IEBC on mechanisms of conducting its primaries, adding that it already appointed a committee to spearhead the process.