Elections and the Copac draft

This is where there is going to be considerable trouble for those politicians and parties who are now addicted to rigging election results and to violence. The state is required to ensure that all eligible citizens are registered as voters, and to ensure that every citizen who is eligible to vote has an opportunity to cast a vote. Zimbabweans in the Diaspora should take advantage of this and register to vote.

Further, the state must facilitate voting by persons with disabilities or special needs, as well as ensure that all political parties and candidates have reasonable access to all material and information necessary for them to participate effectively. They must also be given fair and equal access to electronic and print media, both public and private.

Perhaps most importantly, the state must ensure the timely resolution of electoral disputes. In the past some electoral disputes have taken longer than five years for the courts to resolve.

The draft proposes a hybrid electoral system where some candidates will be elected under the first-past-the-post system, while others are elected under the proportional representation or party list system.

This is an effective combination of the two most commonly used electoral systems in the world, and will enable steps to be taken to ensure that women are adequately, if not equally represented in the legislature.

The draft states: “After an election has been called, no change to the Electoral Law or to any other law relating to elections has effect for the purpose of that election.” In the past, there have been cases where some authorities have illegally amended the electoral law while campaigns were in progress.

The recent Supreme Court ruling on the holding of by-elections in three constituencies seems to have been taken care of through section 7.4(3) which reads: “Polling in by-elections to Parliament and local authorities must take place within 90 days after the vacancies occurred unless the vacancies occur within nine months before a general election is due to be held, in which event the vacancies may remain unfilled until the general election.” The excuse of the state having no funds is not considered a valid reason for postponing the polls.

The draft maintains the 210 constituencies. Some of us are of the view that this figure should have been reduced drastically. Zimbabwe needs no more than 120 constituencies. The fact that we are failing to run a mere 38 by-elections due to lack of funds should have adequately informed Copac to reduce the size of the legislature.