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Electoral reform proposals
Zimbabwe Election Support Network
April 21, 2009

http://www.zesn.org.zw/newsflash_view.cfm?nfid=41

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Electoral architecture

Legal Framework

Some amendments were made to the Electoral Act in the prior to March 2008 e.g. requiring posting of election results outside polling stations and constituency tabulation centers and other relevant pieces of legislation such as POSA, AIPPA and the Broadcasting Act. However these reforms were piecemeal in nature. Furthermore, there was a reversal to some of the reforms made on the eve of the 29 March election, without the knowledge of the Electoral Commission, through a presidential proclamation, for instance the requirement that police officers to be stationed 300 metres from polling stations.

Recommendations

Election System

While Zimbabwe continues to conduct its elections within the Westminster system of first past the post [FPTP] based on the "winner-take-all" model, the unfolding political and leadership challenges in Zimbabwe can hardly be solved through such winner-take-all, zero sum frameworks. Besides being exclusionary, they generate tension in an environment already pregnant with tension and agitation..

Recommendations

The solution to the political stalemate in Zimbabwe lies in an electoral paradigmatic shift to more inclusive, accommodating, win-win electoral systems based on proportional representation and mixed electoral systems

Election Administration

Sound election administration is critical in building political party confidence in the conduct of elections. The delays that accompanied the release of election results, especially presidential results, do not reflect positively on ZEC's election management capacity and autonomy. Its management of the delimitation, nomination, voter education, voter registration and inspection processes particularly raised concern. Information on the delimitation exercise was not adequately provided. For example the public and parliamentarians were not given adequate time to debate and make inputs in the exercise. Delays in the delimitation of boundaries [constituencies and wards] saw voter registration and inspections and setting of the nomination date being done before the finalization of the delimitation exercise. To increase transparence of the process, it is recommended that the law should require the Commission to disclose the total number of ballots printed for each election.

Recommendations

  • Commissioners could be appointed through an open process that includes public nominations which Parliament through the Standing Rules and Orders Committee shortlists on the basis of qualifications and integrity before final appointment by the President.
  • Independent, adequate and qualified personnel.
  • Ensure the independence and efficiency of the body, including financial autonomy.
  • Increased accountability of the Commission. For instance, Commissioners could each be given areas of responsibility to enhance accountability. The law could require the commissioners to divide among themselves responsibility for the commission's different activities so that each commissioner would be responsible for a particular activity and, in this way, promote equal participation by all commissioners. An alternative way of distributing functions between commissioners would be to give each commissioner the responsibility for a particular province.
  • Method of appointment should ensure the impartiality, all-inclusiveness, competence and accountability of the body. the participation of opposition parties and key stakeholders. The selection process of commissioners should be transparent and engender confidence in all stakeholders. These selection processes should also ensure that gender, special needs groups and youth participation or representation is achieved.

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