Zim electoral environment needs improvement before polls

Following the proclamation of by-elections by President Emmerson Mnangagwa the Citizens in Action Southern Africa (CIASA) undertook an initiative of taking stock of electoral reforms based on various recommendations from observer mission reports and expert analyses on the possible measures for the improvement of the electoral environment in Zimbabwe. It is the best model towards understanding evidence-based shortcomings, gaps and opportunities for electoral reform going forward. Continuous improvement of electoral processes not only reinvigorates the fluidity of everchanging societies, but is a pre-requisite for growing democracies towards strengthening and buttressing citizen aspirations as expressed periodically during elections. It goes without saying, from the onset, that elections are a process, consisting of an election cycle.

Improvements to all aspects and seasons of the cycle are fundamental. This is best done by taking stock of previous electoral processes, recommendations thereof and feasibility for local circumstances. Heading towards 2023, it is fundamental for election stakeholders to have a clearer understanding of new demands for consistent and informed advocacy.

Prior to the 2018 harmonised election, a myriad of changes were made to the legal framework governing elections in Zimbabwe. The 2018 Harmonised election by the Zimbabwe Electoral Commission (ZEC) succinctly highlights them as:

• Section 5: Ensuring that gender is mainstreamed into electoral processes. This amendment obligated the Commission to advocate for regulations to ensure that women have fair opportunities to campaign and register to vote and are thus protected from among other vices election-related violations. It also requires the Commission to provide adequate, accurate, gender sensitive and unbiased education.

Section 23: Extends the period for which a voter is absent from his or her constituency from 12 months to 18 months, the period considered when deciding whether a voter’s name should be retained on or deleted from the voters’ roll. Previously, a voter’s name could be removed from the voters roll if he or she was deemed not resident in the constituency for a continuous period of 12 months. The extension to 18 months gave voters a longer period during which they can be away from their constituency without their names being removed from the voters’ roll.

Section 40F: Allowed foreign donations for purposes of funding voter education activities to be directly channelled to Civil Society Organisations (CSOs) as opposed to channelling them through the Commission as was the case prior to the amendment.

Section 22A: Authorised the Commission to establish more polling stations for an area that had a large voter population in order to speed up polling on voting day;

Section 32: Related to the removal of duplicates from the voters roll and allowed its alignment to processes brought about by the introduction of biometric voter registration. The amendment also outlawed persons from registering as a voter more than once on the voters roll for any polling station. This amendment authorised the Commission to remove duplicates or multiple names from the voter’s roll. Thus, a voter’s name appeared only once.

Section 126: Related to the withdrawal of a candidate after printing of the ballot paper. This addressed the cumbersome process of deletion of a candidate’s name after a ballot paper had been printed. Previously, the law mandated the Commission to delete, from the ballot paper, the name of candidates who withdrew after the ballot paper had been printed. This process had logistical and financial challenges on the Commission.

Section 59: Was to allow the visually impaired voters to be assisted to vote by a person of their choice, without the Presiding Officer necessarily being present.

Section 26A: Was amended so that registration of voters closes two days after Proclamation, as opposed to 12 days after sitting of Nomination Courts as was the case prior to the amendment. It therefore meant that the registration of voters for the purposes of the 2018 Harmonised Elections closed on 1 June 2018. Those who registered after the cut-off date would be considered for future elections.

Section 52A: Was amended such that the number of ballot papers printed for any election would not exceed more than 10% of the number of registered voters eligible to vote in that election.

Section 133 A: Widened the definition of intimidation to include misleading another person by stating that he or she could determine or discover how they had voted.

Code of Conduct for Political Parties and Candidates. This was broadened to include application to stakeholders like CSOs, civil servants, traditional leaders, and members of the security establishment. The Code also introduced the issue of setting up Multi-Party Liaison Committees at least 12 months prior to the expected date of the election, as opposed to the previous provisions where MPLC’s were established after the sitting of the Nomination Courts. The Act was also amended to provide for a new section, 40K, that allows observation of elections by the Zimbabwe Human Rights Commission (ZHRC).

What gaps remained? The role of monitoring elections in Zimbabwe is primarily with ZEC. However, initial and contestable understanding of the Constitution of Zimbabwe is that it also provided for monitoring by the ZHRC. However, the new provision of in Section 40K of the Electoral Act reduces ZHRC to observers. To this effect, Section 40 (K) of the Act requires Zimbabwe Human Rights Commission observers to be accredited by the ZEC and requires the ZHRC to submit its draft report to the ZEC for comment and ZHRC “shall pay due regard to any comments the Commission may make on the draft.”

Therefore, the reallocation of observer role for ZHRC must be challenged and a demand be made for their monitoring role as initially proposed in section 133 of the Electoral Act.

Traditional leadership role in politics (ensure their independence in the conduct of their activities) Sections 280, 281 and 282 of the Constitution provide for the establishment, status, role, principles, and functions of traditional leaders. Section 281 (2) (a) provides that traditional leaders “must not be members of any political party or in any way participate in partisan politics.” This has been upheld by the courts: Election Resource Centre v Charumbira & 2 Others ZWHHC 270.

Section 287 of the Constitution also requires the establishment of an Integrity and Ethics Committee through an Act of Parliament. This Act must provide for the establishment, membership and procedures of the Committee to develop and enforce integrity and ethical conduct on the part of traditional leaders and to deal with complaints against traditional leaders. The Traditional Leaders Act has no provisions conforming to these constitutional requirements.

The Electoral Act bars the use of state resources as patronage to gain unfair advantage for the incumbent in an election. However, previous elections have witnessed the use of state resources such as government vehicles, buildings, moneys, and active involvement of government workers in campaigning for the incumbent. Food aid, agricultural inputs from the Presidential scheme and benefits from the social welfare department form basis to gain support for the ruling party. ZEC was not legally empowered to enforce the provisions within the Electoral Act.

*Abridged

CIASA