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The NCA scoffs at the proposed electoral reforms by Zanu PF
National Constitutional Assembly (NCA)
July, 2004

Whist the National Constitutional Assembly (NCA) views the government’s recent announcement of proposed long overdue electoral reforms as progressive, it deplores the fact that such changes in the absence of a comprehensive review of the Constitution will only bring a paper tiger in Zimbabwe’s tense political and economic jungle.

The proposed changes, however much they may improve from Zimbabwe’s current undemocratic and biased electoral system which favours the ruling party; cannot bring about meaningful and lasting good governance and positive change.

Mere electoral reforms that are not rooted in comprehensive constitutional changes will only be cosmetic and tantamount to only administering a painkiller on a patient suffering from appendicitis.

Any effective reforms aimed at free and fair elections must address the Constitution. If they fail to do so they would be merely window dressing. Even the establishment of the proposed Zimbabwe Electoral Commission (ZEC) would require the repeal of section 61 the current Constitution which establishes the current Electoral Supervisory Commission (ESC). The proposed reforms would leave the Delimitation Commission intact, thereby making the re-vamping of the Electoral Supervisory Commission a non-event. The Delimitation Commission’s work lays the foundation of an election. It can make or break political fortunes in the way it apportions constituencies. The Delimitation Commission has identical constraints to the ESC is as far as it also lacks independence from the Executive Presidency.

The NCA questions the wisdom behind the unusual proposal to have a chief executive of the proposed ZEC appointed by the Executive President.

The proposed reforms, exciting as they may be, would be meaningless if the Zimbabwe constitution is not reviewed to broaden and deepen fundamental human rights and freedoms; such as those of expression, assembly and association which are currently couched in language that hinders free political campaigning and organizing, hence the virtual lawfulness of POSA, AIPPA, and the Broadcasting Services Act.

The proposed changes would be merely token if the Executive Presidency can continue to appoint 20 percent of the MPs in Parliament in terms of Section 38 of the Constitution.

Further, the proposed electoral reform do not attempt to remedy the disenfranchisement of millions of Zimbabweans who are either in the Diaspora or local but now viewed as aliens. The citizenship provisions of the Constitution need to be reviewed to expand the franchise to such Zimbabweans.

Any talk of electoral reforms that do not address the constitutional system itself can only be empty. Without the introduction of the proportional representation electoral system which better mirrors ‘the will of the people,' there cannot be much improvement.

There cannot be free and fair elections without a new democratic constitution. The NCA therefore maintains that constitutional reform is the only way of promoting democracy and freedom to Zimbabwe, and bringing meaningful change.

Electoral reforms alone are not enough!

Fungayi Jessie Majome
NCA National Spokesperson

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