I respectfully disagree with the judge because in my layman’s view the law says the opposite. In Makamure vs Mutongwi 1998(2) ZLR 154 at 169, Devittie J, as he then was, referring to remedies occasioned by a defective voters roll said, “Irregularities complained of could and ought to have been raised in the pre-election period. A postponement of the election could have been sought a party does not have to wait until the entire electoral process is completed.”
In the circumstances the ZEC Chair’s comments are a cause for concern. Our election must be conducted in terms of the constitution and as such must be grounded on the principles of freeness, fairness and transparency as outlined in the constitution.
With all due respect to the Chairperson of ZEC, Justice Chigumba, these utterances are not expected from a Public officer whose task amongst others is to instill confidence in an electoral process by assuring the nation that preparations for the plebiscite are being done with due care and transparently.
Zec has known for five years after the last election that it needed to prepare a new roll, allow people to inspect a provisional roll and raise any objections in it at inspection stage and then provide a roll before the proclamation of the election date and most importantly before the sitting of the nomination court.
As the representative of a Presidential candidate I was entitled to receive the National voters roll before the nomination court. To-date we do not have that roll which they said will be availed on Thursday. This is unacceptable. On Thursday I expect to receive a biometric voters roll because that’s what the law demands in addition to receiving the roll in any form I choose including electronic.
The credibility of any election amongst other things depends on the existence and availability to all players of a credible voter’s roll that is distributed timely. If there are any anomalies in the roll they must be corrected before the election.
We do recognize and respect ZEC’s role as a referee in this election but it is important that ZEC understands that other than an earthquake, the players on July 30 can stop the election by refusing to participate in a sham.
In addition, outside an earthquake, and the players, the people of Zimbabwe who are tired of these shenanigans can refuse to participate in the said sham election that would have failed to meet the test outlined in our constitution and the enabling electoral act and ZEC regulations irrespective of what ZEC says.
ZEC’s efforts must therefore be directed at assuring the public that it is doing all it can to conduct a free, fair and credible election and be seen to be doing so. That’s their duty period.
Jameson Timba
Chief Election Agent for President Nelson Chamisa
“The Zimbabwe Electoral Commission has failed to meet its legal and constitutional obligation to provide election materials timely with reference to the voters roll and as such it owes the people of Zimbabwe an apology rather than a mouthful of arrogance by suggesting that if they are any anomalies in the voters roll we should stomach it and raise any complaints after the election and that only an earthquake will stop the election,” wrote Jameson Timba, election agent for MDC Alliance presidential candidate, Nelson Chamisa.
The very fact that Zimbabwe is in this economic and political mess because for the last 38 years the nation has failed to hold free, fair and credible elections and, worse still, will never get out of the mess until decisive action is taken to stop this curse of rigged elections. The critical importance of making sure these elections are free, fair and credible cannot, therefore, be more important and urgent to this nation.
ZEC has failed to produce a verified voters’ roll, this plus many other serious shortcoming in these elections have once again highlighted that these elections are flawed and illegal and can never ever be considered free, fair and credible.
It is very disappointing that Mr Timba and MDC leaders should think that asking ZEC to apologize will suffice in the circumstance! MDC’s wilfully inadequate reaction underlines how little these politicians understand what is going on in the country it is not surprising that MDC leaders failed to implement even one reform in five years when they had the golden opportunity to do so.
There is no chance of these elections being free, fair and credible and therefore the only logical thing to do is to declare them null and void!
Zimbabwe has suffered greatly because of Zanu PF but MDC leaders have certainly done their bit to keep Zanu PF in power. The people of Zimbabwe have to wake up to the reality that MDC leaders are now running with the hare and hunting with the hounds.
MDC guys went into the 2013 elections with no voters’ roll of any kind, let alone a verified one. As long as MDC win a few of the gravy train seats they do not care how flawed and illegal the process happen to be.
If MDC were the ones running these elections and they failed to produce the voters’ roll one can only imagine the dust storm Zanu PF will raise. Asking ZEC to apologise is about as tough as MDC guys can dare to act tough!