In a comment on David Coltart’s Facebook post, Moyo confirmed the ballot papers found in a Zanu-PF vehicle are samples printed from samples by the party for voter education. Moyo said Paul Mangwana who confirmed Zanu-PF photocopied samples for voter education. Moyo’s comment reads:
I spoke to Mangwana of Zanu PF who confirms that those papers are no ballot papers, they are samples photocopied from samples that all parties recieved last Friday. So there you are it was all fake that it’s ballot papers
Coltart said Moyo told them that at a recent Multi Liason Committee meeting Zanu-PF asked for copies of sample ballots to use for voter education and this request was turned down by ZEC. Said Moyo:
David Coltart my suspicion which i will verify is that after giving all political parties samples of ballot papers last Friday its possible that they photocopied & distributed to their supporters for purposes of voter education Actually Zanu-PF had in the Multi Liason Committee meetings requested that parties be given copies of sample ballots for all constituencies & wards so they can us them for voter education & this request was turned down by the Commission
However, Coltart a renowned lawyer said the act by Zanu-PF is a breach of Section 40B(1)(c) of The Electoral Act since only ZEC is responsible for the production of voter education materials. Said Coltart:
Section 40B(1)(c) of the Electoral Act makes it clear that ZEC is responsible for the production of voter education materials. So even if these are in fact “samples” they have still have been made without ZEC’s permission and in breach of section 40B(1)(c).
Below is the section quoted by Coltart:
40B Functions of Commission with respect to voter education:
(1) The Commission shall have the following functions with respect to voter education-
(a) to provide adequate, accurate, gender sensitive and unbiased voter education; and [Paragraph substituted by s. 17 of Act No. 6 of 2018]
(b) to ensure that voter education provided by other persons is adequate and not misleading or biased in favour of any political party and complies with the electoral code of conduct for political parties and candidates prescribed in the Fourth Schedule; and[Paragraph amended by s. 17 of Act No. 6 of 2018]
(c) to ensure compliance otherwise by persons referred to in paragraph (b) with the provisions of section 40C(1).