| Proposed
Reforms |
Analysis |
| Polling
site specific voters roll - voters must register to vote and
do the actual voting at one polling site. |
- The
proposals are not clear whether the adoption of a polling
station based voter's roll would be followed by a
fresh registration of voters. It is important at this juncture
to intensify lobbying efforts on the need to overhaul the
present voters roll which is known through various voter's
roll audits to be in shambles. With ZEC having indicated
that the process of re-registration of voters would require
at least six months, it is prudent to conduct the fresh
registration of voters before the next general election.
- The
need for a fresh voter's roll is amplified by the
possible chaos that could emanate from the allocation of
people on a voters roll to a given polling station without
consultation. This might result in many people being assigned
to polling stations further away from where they currently
reside especially in rural areas where would-be voters do
not always register using actual physical addresses.
- A fresh
registration of voters would therefore give voters a choice
on which polling site to belong to, as well as to do away
with names of deceased people and names incorrectly captured
in the voter's roll.
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| Declaration
of Presidential election results - the ZEC is obliged to declare
presidential election results not more than five days after
the polling day. |
- Welcome
development especially after the 2008 debacle on presidential
results.
- The
law should spell out clearly what sanctions follow the abrogation
of the set time limits. Will failure to adhere to the 5
day limit mean nullification of the ultimate result to be
announced?
|
| Declaration
of Presidential election results - the ZEC is obliged to declare
presidential election results not more than five days after
the polling day. |
- Welcome
development especially after the 2008 debacle on presidential
results.
- The
law should spell out clearly what sanctions follow the abrogation
of the set time limits. Will failure to adhere to the 5
day limit mean nullification of the ultimate result to be
announced?
|
| Nomination
of candidates - it is proposed that party candidates fill in
generic forms endorsed by their political parties. The nomination
form must also bear the candidate's signature to signify
his or her acceptance of the nomination. The new changes further
propose that the candidate or his/her agent should also countersign
the form to indicate consent. However independent candidates
or candidates of political parties not registered under the
Political
Parties (Finance) Act shall remain obliged to support the
nomination of their candidates by five persons whose names appear
on the voters roll in the concerned constituency. |
- Curtails
incidences of double candidature for political parties as
witnessed in the March
2008 election where the major political parties had
two or more contestants in a single constituency or ward.
- However
on the registration of political parties the law should
explicitly compel all existing political formations to register
as such.
|
| Nomination
of candidates - it is proposed that party candidates fill in
generic forms endorsed by their political parties. The nomination
form must also bear the candidate's signature to signify
his or her acceptance of the nomination. The new changes further
propose that the candidate or his/her agent should also countersign
the form to indicate consent. However independent candidates
or candidates of political parties not registered under the
Political Parties (Finance) Act shall remain obliged to support
the nomination of their candidates by five persons whose names
appear on the voters roll in the concerned constituency. |
- Curtails
incidences of double candidature for political parties as
witnessed in the March 2008 election where the major political
parties had two or more contestants in a single constituency
or ward.
-However on the registration of political parties the law
should explicitly compel all existing political formations
to register as such.
|
| Role of
police officers - the new changes attempt to clarify that police
officers at polling sites should not take part or interfere
with the electoral processes and should only maintain law and
order. The proposals further emphasize that the Police Commissioner-General
should establish a police post at every polling station. |
- Selective
application of the law should be addressed. There should
be a departure from the previous malpractice by the national
police of treating some political players as sacred cows
or untouchables, whilst others are criminalized routinely
and often times unjustifiably.
|
| Role of
police officers - the new changes attempt to clarify that police
officers at polling sites should not take part or interfere
with the electoral processes and should only maintain law and
order. The proposals further emphasize that the Police Commissioner-General
should establish a police post at every polling station. |
- Selective
application of the law should be addressed. There should
be a departure from the previous malpractice by the national
police of treating some political players as sacred cows
or untouchables, whilst others are criminalized routinely
and often times unjustifiably.
|
| Assisted
voters - an illiterate, physically incapacitated or visually
impaired voter must be assisted by a person of his or her choice
of or above the age of 18 years and can exercise his or her
right to vote without the assistance of the presiding officer
or polling officer. It further proposes that an incapacitated
voter who is unable to vote but is literate should be permitted
to vote with the assistance of a person of his or her choice
of and above the age of 18 and without the presence of the presiding
officer or polling officers. |
- It
is positive development in trying to empower all voters
as equals and upholding one's freedom of choice as
well as secrecy of the ballot.
- Epitomies
of intimidation and violence like the police are commendably
set to be relegated from assisting the voters.
- Whilst
this proposed change greatly facilitates the minimization
of voter intimidation within a polling station, it fails
to deal with endogenous organized violence. This might result
in a high number of assisted voters being "forcibly
assisted" in voting by architects of violence in the
localities, purporting to be their chosen assistants.
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| Transparency
on ballot papers-ZEC must give all relevant information to political
parties and candidates participating in elections, the total
number of ballots printed, and the ballots distributed to each
polling station. |
- The
proposed regulations must compel ZEC to adequately and equitably
provide relevant information to all political contestants
without favouring any given political formation, for whatever
reason.
- The
law should allow political parties to monitor the production
of ballot papers, their security and distribution.
- No
political party should have access to privileged information
which the other parties cannot access as exhibited in March
2008 elections where one political party began talking of
the nation heading towards a presidential election run-off,
yet the official results had not been announced.
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| Voters
roll accessibility - There is a proposal that upon request,
the electronic copies of the voter's roll are given to
parties and candidates contesting in an election free of charge. |
- Whilst
it is a positive development, accessibility of the voter's
roll should be assured not only to politicians, but also
to organized civic organizations with a legitimate reason
of wanting to encourage prospective voters to inspect the
voters roll or to register.
- Voters
rolls should always be easily accessible to the entire electorate
for continuous inspection of their names.
|
| Voters
roll accessibility - There is a proposal that upon request,
the electronic copies of the voter's roll are given to
parties and candidates contesting in an election free of charge. |
- Whilst
it is a positive development, accessibility of the voter's
roll should be assured not only to politicians, but also
to organized civic organizations with a legitimate reason
of wanting to encourage prospective voters to inspect the
voters roll or to register.
- Voters
rolls should always be easily accessible to the entire electorate
for continuous inspection of their names.
|
| Complaints
mechanism - it is proposed that a special body should be set
up to receive complaints or allegations of politically motivated
acts of violence, to monitor and carry out investigations of
such reports. The allegations will in turn be referred to police
for expeditious investigations and possible prosecution. |
- ZEC
has existing conflict management structures like the Multi-party
liaison committees aimed at managing election related conflicts,
which in previous elections have not been put to effective
use.
- The
proposed power conferred on ZEC to receive such complaints
is indeed necessary in as far as it helps the management
body to make an objective analysis, deter and resolve election
related conflict.
- However
intensive institutional reform is necessary to sanitize
the police force and engender a culture of professionalism
in order for them to be able to objectively handle cases
of political violence, especially if it involves high ranking
officials linked to certain political parties.
|
| Special
Election Complaints court - ZEC should be empowered to summon
candidates, election agents or parties accused of engaging in
political violence. ZEC will be empowered to warn candidates,
election agents or parties implicated in acts of political violence
and to set up a special court at the magistrate's level
to try such cases. The Attorney General is also enjoined to
set up a special unit in his office dedicated to prosecuting
cases of political violence committed during elections. Upon
conviction by special courts, the court can make a special order
banning candidates from further participation in the election
process. |
- The
question of partisanship of the judiciary system should
adequately be addressed before having a realistic hope in
the efficacy of the proposed amendments. Precedence has
shown that there is continued biased prosecution of political
offenders, where most cases involving ZANU PF are either
swept under the carpet or the prosecution is done lethargically.
- This
noble complaints mechanism thrives better in an environment
devoid of political manipulation of the Attorney General's
office. Having an AG who openly declares allegiance to a
political party dampens the confidence the electorate might
need to have in the judicial processes.
|
| Postal
Voting - postal voting will be limited to officers outside the
country on state duty, whilst polling officers, security officers
and any persons involved in running of the election will be
permitted to vote within a week before polling. |
- The
electoral environment in Zimbabwe has for long been dogged
by controversies surrounding the mystery and lack of transparency
with regards to the postal voting system. Whilst persistent
calls have been made by civic society for Zimbabweans living
abroad to be able to vote as well, using this system, it
is welcome for the law to clearly state the measures that
should be done to ensure transparency.
- It
has to be clear on whether political parties, local and
international observers are eligible to monitor the early
voting processes to ensure accountability and avoid potential
disputes.
|
| Police
clearance on candidates - it is proposed that the provision
doing away with clearance certificates, whether from the ZRP
or from local authorities, be entrenched in the Electoral Act. |
- This
would come as a relief especially to those aspiring candidates
who would have been victims of arbitrary arrest and conviction
on political grounds.
|
| Second
round of elections - the existing provisions requiring the winner
to win at least 50% plus one vote, has been retained. |
- It
remains important to have a popularly elected President;
therefore this provision ensures that the country is ruled
by a popular head of state and government.
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| Audit of
Presidential election results-it is proposed that results of
the Presidential elections must be audited by a reputable and
independent auditing firm to authenticate and legitimize the
winner. |
- This
is an important process that would consolidate the legitimization
of the President, so elected. However, this should be audited
by a reputable and independent auditing firm to authenticate
and legitimize the winner.
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