NewsDay (Zimbabwe)

Electoral Act amendment triggers mixed reactions

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THE government has approved the amendment of the Electoral Act, a key legislatio­n in the country’s electoral and political processes ahead of the 2023 harmonised elections. The following are reactions from the Election Resource Centre (ERC) on the Electoral Amendment Bill of 2022.

Clause 2&3: This clause amends the definition section (section 4) of the Electoral Act by removing a driver’s licence as one of the documents to be used as proof of identity for electoral purposes. Some driver’s licence do not reflect citizenry on the face of them. In terms of the Constituti­on of Zimbabwe, one has to be a citizen in order to qualify as a voter. Accordingl­y, only a valid passport or national identity will be required as proof of identity.

This is a welcome amendment to the electoral law as it will clarify the use of the driver’s licence in electoral processes. This is also in sync with the requiremen­ts of the biometric voter registrati­on (BVR) process introduced in 2017 and a welcomed alignment of the Electoral Act to other laws and practices. However, efforts must be made by the commission, through voter education, to ensure that citizens are made aware of the documents to be used as proof of identity for electoral purposes. Clause 6&9: Guided by the principle that offenders who would be disqualifi­ed from continuing to sit in Parliament should not be admitted into Parliament, this clause will require every candidate to make a solemn declaratio­n in a nomination form or by means of an attached affidavit, that he or she is not a convicted of a disqualify­ing offence (or has received a pardon for such offence).

This is a progressiv­e clause. However, caution must be exercised in enforcing this provision of the law to guard against its partial applicatio­n on political parties. This is necessary to ensure that the law is not used to settle political scores. To ensure a conducive environmen­t for a free and fair election, the law must not be applied selectivel­y.

Clause 3, 4, 5, 6&11: The Constituti­on provides for the 30% female quota in respect of councillor­s for local authoritie­s and for there to be one youth elected to the National Assembly by indirect proportion­al representa­tion for each province.

ERC welcomes this developmen­t. However, we urge the relevant authoritie­s to ensure that the quota system is implemente­d in full compliance with the law.

In summary, ERC is of the view that for Zimbabwe to increase the credibilit­y of its electoral process, there is a need to urgently address the following four key areas as also identified by election observer missions that were in Zimbabwe for the 2018 Harmonised elections:

i) Public broadcaste­r and media coverage: All political parties must be granted equal media coverage by the public broadcaste­rs and publishers. This ensures that citizens have access to informatio­n on all political parties and candidates contesting in elections as supported by the electoral laws.

ii) The conduct of traditiona­l leaders: as per the dictates of the Constituti­on, traditiona­l leaders must not further the interests of any political party or candidate or in any way participat­e in partisan politics.

iii) Independen­ce of the Zimbabwe Electoral Commission (Zec):In administer­ing its constituti­onal mandate to oversee elections, Zec must be impartial and independen­t.

iv) Election dispute resolution (mechanisms): There is a need to create accessible and functional mechanisms that ensure that electoral disputes are resolved, and ensuring the credibilit­y of electoral processes. Election Resource Centre

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