Electoral Act: Crisis of political will

Expectations are high that the Electoral Amendment Act of September 2012 will avert some of the irregularities that have marred past elections. But observers have highlighted that the act has several shortcomings.

Political analyst, Alexander Rusero said: “Everything that has to do with elections must begin with a political will. We might have the best mechanisms in place but if there is no spirit of adhering to those mechanisms, then whatever we do will be rendered useless,” said Rusero.

On the positive side, legal expert, Chris Mhike said the Act minimized chances of rigging. “The Act calls for voting statistics at every polling station. This marks an improvement on the transparency of the process, and minimizes the opportunity for rigging. The Zimbabwe Electoral Commission is required to announce election results not later than five days after the last polling day,” said Mhike.

“The Act also seeks to address the problem of violence that has blighted previous elections through the inclusion of the Zimbabwe Human Rights Commission in the appointment of special police liaison officers and the Special Investigation Committee,” he added.

The Act also reduces the powers of Registrar General Tobaiwa Mudede, who has been accused of stealing elections on behalf of Zanu (PF) in the past.

“There are however other important groups of the Zimbabwean society whose interests are ignored in the Act under review. These include citizens residing outside Zimbabwe, or those in prison. The exclusion of the diaspora vote and of the right to vote for prisoners leaves a significant stain on this electoral legislation,” said Mhike

He said the provision criminalising the publication of results prior to official announcement was also undemocratic. “Mudede still retains a number of roles in electoral issues. This is problematic because he is a known Zanu (PF) PF activist,” he said.

Political analyst, John Makumbe said the Electoral Amendment Act was not enough to guarantee free and fair elections in Zimbabwe.

“There is the element of personnel responsible for the election process in such areas as registration of voters, facilitation of the voting process and the counting process as well as publishing of the results. All of these areas can be manipulated in such a way that the election might not be free and fair,” said Makumbe.

The Director of the Zimbabwe Election Support Network, Rindai Chipfunde Vava, in an analysis of the Act, said the piece of legislation has commendable provisions which allow for the holding of free and fair polls. She commended the Act for its provisions which guarantee the independence of the Zimbabwe Electoral Commission.

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