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Comment on the (ZEC) report on the 2008 General Elections
Zimbabwe Election Support Network
June 18, 2009

http://www.zesn.org.zw/pub_view.cfm?pid=194

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Preamble

The Zimbabwe Electoral Commission (ZEC) released its report on the 2008 General Elections. The Zimbabwe Election Support Network (ZESN) received this document with much anticipation.

The Zimbabwe Election Support Network (ZESN) is a coalition of 30 non-governmental organisations formed in 2000 to coordinate civil society activities pertaining to elections. The Network was involved in the observation of the 2008 elections with the deployment of long-term observers to 210 constituencies from December 2007. This was followed by the accreditation and deployment of over 8000 observers for the observation on Election Day. ZESN therefore systematically scrutinized and interrogated all electoral related issues during the election period. The Network also submitted a report to ZEC outlining its findings.

ZEC Report

The ZEC report prepared in accordance with section 12 of the Zimbabwe Electoral Commission Act [Chapter 2:12], outlines the activities of the Commission and other stakeholders before, during and after the elections. The report covers the detailed aspects of election management dwelling much on the legal provisions and a few challenges encountered. The ZEC report was circulated relatively late given the fact that the election was concluded in July 2008.

ZEC over saw the preparation and conduct of various processes from voter registration to delimitation, inspection of voter's roll, set up of polling stations, accreditation of observers and journalists, postal balloting, polling verification, counting and tabulation of votes including the recount of 23 constituencies in the first election. A multi-party liaison committee was established to deal with electoral disputes. According to the police, the campaign period prior to the run off election was generally peaceful save for some parts of Mashonaland Central and East provinces where incidents of interparty violence were reported. The Commission also reported that it rejected the MDC-T presidential candidate's attempt to withdraw from the election as being out of time. It however does not address the reasons put forward for the withdrawal.

In respect of the 2008 harmonized elections and the presidential run-off election, it is the view of the Electoral Commission despite numerous logistical and financial challenges, it discharged its constitutional mandate to the best of its ability. An inclusive and transparent election programme was guaranteed through consultation and collaboration with stakeholders in the preparations and conduct of polling processes. The Commission is therefore satisfied that it conducted both elections "efficiently, freely, fairly, transparently and in accordance with the law".

ZESN Observation Findings

While there was improvements over past elections (for example less incidents of overt violence), the pre-election environment continues to fall short of the minimum conditions outlined in the SADC Principles and Guidelines Governing Democratic Elections. In particular, concern remains about the lack of political tolerance, limited access to state media, and use of state resources. These problems provide an unfair advantage for the ruling party of the day.

ZESN was encouraged that amendments were made to the Electoral Act and other relevant pieces of legislation such as the Public Order and Security Act (POSA), Access to Information and Protection of Privacy Act (AIPPA) and the Broadcasting Act. However, ZESN is concerned that these reforms were piecemeal rather than comprehensive and that they were enacted without opportunities for citizens' input. Further, on the eve of the election some of the reforms were negated by presidential proclamation. For example, the reform to require police officers to be stationed 100 metres from polling stations was reversed and again police officers were to be located inside polling stations leading to concerns about the secrecy of the vote.

Election day processes took place largely without serious problems. However, serious concerns were noted about the result's management process, particularly the recounting of ballots and inordinate delay in the announcement of the presidential results in the March election.

The run up to the second round of the Presidential election was so fraught with politically motivated violence and intimidation that 27 June poll cannot be deemed reflective of the will of the people of Zimbabwe.

Through the election observation process, ZESN managed to collect vital information that is already in the public domain. This paper seeks to interrogate issues and findings raised by ZEC in comparison to the Networks' own election observation findings, as well as highlighting areas for reform. It is critical to highlight this forms part of organization's mandate which seeks to complement the important work of the Electoral Commission through constructive criticism and engagement. It is in this light that ZESN makes the comparative analysis below.

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