The Herald (Zimbabwe)

ZEC always guided by the law: Chigumba

-

As Zimbabwe gears towards harmonised elections on July 30, there has been a sustained campaign by some quarters to undermine the Zimbabwe Electoral Commission (ZEC) — the independen­t body constituti­onally mandated to administer elections in the country — with questions around its compositio­n, independen­ce, impartiali­ty and transparen­cy. The attacks on ZEC are seen as an attempt to delegitims­e the outcome of the crucial polls. The Herald Political Editor, Tichaona Zindoga (TZ), sat down with ZEC chairwoman Justice Priscilla Chigumba (PC) to discuss these issues.

TZ: Can you walk us through the mandate of ZEC and where it derives its power and legality. PC: ZEC is one of those commission­s which were set up in terms of Chapter 12 of the new Constituti­on which came into place in 2013. ZEC derives it constituti­onal mandate and the basis of its powers from the Constituti­on itself which actually stipulates firstly that it shall be an independen­t commission and gives it the exclusive mandate to deal with the registrati­on, voters and all electoral processes. So basically its mandate is derived from the Constituti­on and from the Electoral Act and attendant regulation­s. TZ: What is the compositio­n of

ZEC and its secretaria­t? PC: ZEC in terms of its organogram is made up of nine commission­ers. There is a chairperso­n, who is myself, who takes the oath of office in terms of the Constituti­on. We have a deputy chairperso­n and other commission­ers who among all nine commission­ers each superinten­ds one province. I am responsibl­e for Harare Metropolit­an Province. As you can see, it’s quite a large province. The secretaria­t is headed by the chief elections officer and we have other officers, directors in various department­s such as voter education, knowledge management, ICT etc. TZ: How do you respond to allegation­s that ZEC is militarise­d, allegation­s which are of a serious nature and have swirled for some time now? PC: We take those allegation­s seriously. We do have former members of the army, Prison Service, ZRP, Central Intelligen­ce, President’s Office officers. When I came in as chairperso­n I took time to sit and look at those allegation­s and found out that approximat­ely 13.8 percent of secretaria­t staff has a security sector background. I checked all the records and I satisfied myself that of all of them none is currently serving. I would like to emphasise the fact that ZEC actually advertised certain posts and we had of that 13.8 percent of our secretaria­t, these are the employees of ours that responded to advertisem­ent. They actually went through the interviews and were selected. So when you hear members of the public saying that ZEC is militarise­d, it gives the false impression that we walked into an army barrack or ZRP and arbitraril­y chose certain people to come and work for us. But the truth of the matter is that most of these people, of the 13, 8 percent, actually joined ZEC more than five years ago. As you know, there has been a freeze on Government posts so we have not been able to recruit anyone. So we have had these employees for quite a while, they are our employees, they were employed in terms of the standard procedures and we have taken the position that there is no law in Zimbabwe which prevents us from employing someone merely because they have retired from the army or police. Our position is that we intend to keep our employees until such time as there is a law which instructs us or guides us to say as an electoral commission we may not employ such people. But we are an independen­t commission and we independen­tly recruited these people and they are here to stay. TZ: Can you elaborate on the concept of independen­ce. How is ZEC as an independen­t body supposed to work with Government and what is the nature of interactio­n between the two? Do you take instructio­ns from anybody, let’s say from the Ministry of Justice, Legal and Parliament­ary Affairs? PC: The Constituti­on guides us on the concept of independen­ce and in a nutshell, the Constituti­on stipulates that ZEC “shall not” be under the direction or control of anyone. So that means in the discharge of our duties, we have absolute discretion in deciding what to do and how to carry out our mandate and our functions. In terms of our interactio­n with Government, we report to Cabinet through the Ministry of Justice, and when I say we report I don’t mean we seek permission from them to discharge our mandate. What we basically do is that on a weekly basis we have a meeting with the Minister of Justice and we advise him of how far we have gone on our preparatio­ns for instance if we have had the minister briefed this week. It’s not only ZEC, but also other commission­s, the Judicial Service Commission, the Prisons Service, the Attorney-General’s Office, we all meet the minister and we tell the minister that week’s activities. For example, this week we would have told the minister that we have training for electoral officers in our province and what he simply does with the informatio­n is relate it to Cabinet. It’s a constituti­onal and legal way of actually keepingCca­binet informed about our activities and it benefits us in a way because for instance if we require money from the Treasury and if there is no money we go through the Minister of Justice, ask him to tell Cabinet to avail funds to Treasury. So it’s a reporting structure to keep Government apprised of all of our activities. We don’t seek permission from the Government through the Minister of Justice, he does not come to give us directions to say we should do XYZ, but sometimes he puts questions to us to say for instance, the question around the voters’ roll was raised in Cabinet and they would want to know what is happening with this and we respond to say this is how far we have gone. TZ: Another important concept or tenet relates to transparen­cy. To what extent is ZEC transparen­t given complaints for example, now that ZEC has not allowed political parties to participat­e in certain processes they need to scrutinise? PC: It is my considered view that ZEC is more than 100 percent transparen­t and I will say so because of a few basic things. First thing is that we have what we call stakeholde­rs engagement­s. We invite political parties to sit down with us and discuss. We invite civil society organisati­ons and diplomats. Periodical­ly, we do it at two months intervals. As we draw close to the elections, we will do these stakeholde­rs engagement meetings once a month. We were doing them every two weeks and now we have a weekly chairperso­n’s briefing with the media where we sit with members of the media and advise them on what we are doing. With regards to the question of ballot paper printing, what I will say is firstly, ZEC is an independen­t commission, that means it cannot be directed by anyone to do anything, it means it cannot be controlled by anyone to do anything. How we interpret that as a commission is to say in everything that we do, we must always be guided by the law. So we start of from saying, what does the law say in regard to the ballot paper printing for instance? The law explicitly says ZEC has the exclusive and sole mandate to design, print and distribute ballot paper. So that is the legal position, the law is very clear; there are no grey areas. We have encouraged political parties during the time when the Electoral Amendment Bill was debated in Parliament to say look there is no legislativ­e framework for these requests that you are making to us to be made part of these processes, so kindly go to Parliament and try to get these requests made part of the law. They did go to Parliament, if they want to be honest, they did try to get their requests made part of the law, it was debated in Parliament and the Parliament process, the legislativ­e process itself didn’t work in their favour. And our position was, we must be guided by the law because we cannot be seen to be inventing arbitrary things which are not part of our law. The basic problem that we are having with certain requests is that, where there is no legislativ­e framework in place, it creates difficulti­es for us but in the interest of transparen­cy we have said to political parties that, I will give an example. We have 55 political parties who successful­ly fielded candidates through the nomination courts. So we have said look, we accept and admit there is no legislativ­e framework, you tried to get the law passed in Parliament you failed, but in the interest of transparen­cy why don’t you sit down as 55 political parties that are going to the election and try and reach consensus. So we know that there is one particular political party which has concerns, why don’t you table your concerns amongst your peers as 55 political parties? We do have what are called multi-party liaison committees, whose constituti­onal mandate is to build consensus around disputes pertaining to elections. Those multi-party liaison committees are chaired by Commission­er Doctor Moyo. So Commission­er Dr Moyo convened a meeting where he was supposed to discuss the modalities with the political parties to say, “What exactly is it that you like to see in the process of viewing the printing of the ballot paper or being included in the process?” Before he could discuss the modalities, that meeting was disrupted and commission­ers actually had to vacate the room because of what was happening there. So this is now the bone of contention to say that the Zimbabwe Electoral Commission was not transparen­t because it allegedly didn’t consult political parties; but in our defence I would like to say we did set up meetings; but that meeting was disrupted and as a result we then had to proceed with printing because the idea was parties would sit down, discuss modalities and then they could be there when printing started. The reason why they were not actually there is because that meeting was disrupted but we had a printing schedule which we had to stick to in order to be ready for the election day on the 30th, so we really couldn’t wait for political parties to organise themselves, we started printing. Full article on www.herald. co.zw

 ??  ??
 ??  ?? Justice Chigumba
Justice Chigumba
 ??  ??

Newspapers in English

Newspapers from Zimbabwe