The Constitution provides for the setting up of independent Commissions, which are the Electoral, the Anti - Corruption, the Media and the Human Rights Commissions. One characteristic of a democracy is the holding of regular, free and fair elections which is the responsibility of the Electoral Commission.
Freedom of expression is another characteristic whose existence depends on a free media for which the Media Commission is responsible. The remaining two, that is, the AntiCorruption and the Human Rights Commissions, are watchdog Commissions that ensure there is no abuse of power or violation of rights. In view of their pivotal role in a democracy, it is important that the constitution-making process sets out the parameters within which they should operate so that they conduct their work efficiently, independently, professionally and impartially. Zimbabwe Electoral Commission (ZEC)
ZEC responsibilities
The Electoral Commission is in charge of the preparation, conduct and supervision of Presidential, parliamentary and local government elections and referendums. Its duties are wide and include compilation and maintenance of voters rolls, printing of ballot papers, voter education, accreditation of election observers and delimitation/determination of constituencies.
The Chairperson of this Commission is appointed by the President after consultation with the Judicial Service Commission and the Parliamentary Committee on Standing Rules and Orders, whilst members are appointed by the President from a list submitted by this Committee. The members have to be apolitical; they are not to be members of political parties. If one is a member of a political party on his/her appointment he/she has to give up that membership and similarly if one becomes a member of a political party, he/she ceases to be a member of the Commission.
Issues of concern on ZEC and Elections
Free and fair elections depend on how this Commission is appointed and how it carries out its duties. Recent elections have been characterised by the disputing of results and persistent resort to courts to seek redress on perceived irregularities. What mechanism should the Constitution put in place to ensure that this does not happen? Since 2000 elections have been characterised by violence and intolerance which defeats the whole purpose of having them. How can ZEC be empowered by the Constitution to deal decisively with such conduct which is detrimental to elections? Effective conduct of elections requires adequate material and human resources. Is it therefore not important that the Constitution provides for the setting up of a fund specifically for elections?
On the face of it ZEC has too wide a mandate on the conduct of elections to be able realistically to deal with all election aspects effectively. Is it not preferable for some of its functions, like voter education, to be complemented by input from other stakeholders, e.g. civil society? In view of the fact that the country has many of its citizens living and working abroad, should these people be allowed to exercise their right to participate in elections of their country?
Post published in: Opinions