Coltart lashes out at ZEC

Senator David Coltart has expressed concerns over the manner how the Zimbabwe Electoral Commission has tried to argue over the legality of postal voting not being observed by both observers and political parties.

"I have noted how ZEC has tried to argue that the current system of postal voting is lawful. ZEC argues that there is nothing wrong with all police officers and soldiers having to vote collectively under the supervision of their commanding officers, never mind voting in front of their commanding officers," he said.

"The law is governed by sections 74 and 75 of the Electoral Act as read with section 155(1)(c) of the Constitution and 156(a) of the Constitution. Sections 74(2) and (3) state that the postal ballot is to be delivered by "registered post' or "courier" "to the applicant" i.e. the individual voter (in this case police officer or soldier). In other words this is a personal communication – the envelope enclosing the ballots is to be sent direct to the voter at his personal address used when he/she registered as a voter, not to his/her barracks or police station, and certainly not to his/her commanding officer."

He said Section 75(1)(a) states that when the voter receives the envelope with the ballot he/she shall vote "secretly".

"There is nothing in the law which requires police officers or soldiers to vote collectively in the presence of their commanders. Indeed the clear meaning of the law is that once an officer or soldier has received the ballot envelope in the post he/she can decide when to vote and where. That is entirely within that person's discretion. There is no provision in the law allowing any different procedure for the police or army. Indeed the law bars anything different to the procedure laid down," he said.

"Once the police officer or soldier has voted in secret, section 75(d) says that the voter shall "dispatch the covering envelope". In other words that is done by the individual voter, not that person's commanding officer. Accordingly the collection of the individual's voting envelopes is itself in breach of the law. If the police officer or soldier wants to post the envelope that is his/her right and he/she cannot be compelled to allow his/her commanding office to post the envelope."

He said the principle behind these laws is that the casting of a postal vote is meant to be as secret and secure as any other person's vote.

"Section 155(1)(c) of the Constitution states that elections must be conducted by "secret ballot". Section 156(a) says that ZEC has the duty to ensure that voting systems are "secure" and that ZEC has the responsibility to ensure that "appropriate systems" are put in place to "eliminate electoral malpractices". In other words ZEC cannot defer to police or army rules – it has a duty to ensure that all votes are cast secretly and securely. This means that if practices are being employed by third parties such as the ZRP or ZNA, which breach the clear meaning of the Electoral Act, ZEC has a duty to intervene," he said.

"It is patently clear from yesterday's scandal exposed at Ross Camp that police officers were being forced to vote in front of their commanding officers, who would then collect and return their ballots. This was initially exposed by police officers themselves who objected to the pressure being brought to bear against them.The good Lord only knows what systems are being employed in military barracks. ZEC has not bothered to check what systems are being employed in barracks and observers and political parties have no idea what is happening there, in contravention of section 156(a) of the Constitution which compels ZEC to ensure that all "voting methods" must be "transparent", including voting in barracks and police stations."

He said in short the entire practice of forcing police officers and soldiers to vote collectively in, at best, the presence of their commanding officers, and at worst openly in front of their commanding officers, is a shocking breach of sections 74 and 75 of the Electoral Act and sections 155 and 156 of the Constitution.

"Once again ZEC has breached the law. That some of its Commissioners such as Moyo Qhubani should still be defending these illegalities is profoundly unprofessional," he said.