News / National
Statement by David Coltart
17 Aug 2013 at 04:19hrs | Views
On Saturday the MDC Secretary for Legal Affairs David Coltart wrote on Facebook:
As those of you who have read our report regarding the breaches of law which occurred in the Bulawayo East Constituency Parliamentary election will know a key complaint was the non compliance by the Zimbabwean Electoral Commission in providing an electronic copy of the voters roll as it was obliged to in terms of section 21(6) and (7) of the Electoral Act.
It was pointed out that it is far easier in this modern digital age to burn a CD than it is to print out a paper version of any document. It is also far easier to attach an electronic copy of a voters roll and send it by e mail to candidates than it is to transport bulky paper rolls countrywide. That is all self evident. Accordingly the excuse given by ZEC a day before the election that it could only provide paper copies, not electronic copies, due to "logistical difficulties" was, with respect, simply hogwash.
The provision of a searchable and analysable copy of the voters roll has been a key concern for over a decade. When I was Legal Secretary of the united MDC we applied to the Supreme Court to get an electronic copy of the roll in 2001 but were denied. The reason we did so then was because we knew that it provided the key to unravelling and exposing the manipulation of the roll by the Registrar General's office. Not surprisingly our case failed - not because it was devoid of merit but because some things never change. But the point is that this issue has always been key.
Accordingly when the GPA in 2008 mandated us all to agree on a new Constitution and new Electoral Laws, pivotal to that process was the need to agree on the provision of an electronic copy of the voters roll. Through a painstaking process of negotiation we eventually agreed on section 21(6) and (7) of the Electoral Act. Even this year, after the law had been passed, there were a succession of discussions held in Cabinet concerning compliance with these provisions. Because of the clear and unambiguous wording of the Electoral Act despite some in Cabinet opposing the provision of the roll, Cabinet reiterated that the roll should be supplied and that is how earlier versions of the roll in electronic format were obtained.
But of course we never received the final version of the roll as were entitled to in terms of section 21(6). I need to also emphasise that this final electronic version of voters roll is in existence, if not available. In my own constituency there was a copy of it on a computer at the command centre at Hillside Teacher College and was routinely referred to in the course of election day. When we asked for a copy of that roll our request was refused of course.
I have now read the following paragraph of the affidavit filed by Morgan Tsvangirai yesterday in withdrawing his electoral petition:
"11. By way of example, despite my petition raising serious issues concerning the voters roll, I still do not have a copy of the electronic voters roll to date. In other words the Second Respondent (ie the Zimbabwe Electoral Commission) has deliberately taken a position which is inconsistent with a just determination of this matter and which position obviously prejudices me. The fact that the position it has taken effectively aids the First respondent (Robert Mugabe) makes it completely futile to pursue this petition".
It goes without saying that I am absolutely astounded to read that an electronic copy of the voters roll has still not been provided to Morgan Tsvangirai to enable him to prosecute his case. Whilst I hold no brief for Morgan Tsvangirai it is simply incomprehensible why two weeks after the election an electronic copy of the voters roll cannot be provided.
One asks the question - what is ZEC hiding? One would have thought that if they were so confident that this election was free and fair that the roll would have been readily provided and yet it is treated as if it is a State secret.
Zanu PF also needs to address the following question. If their victory in these election was as comprehensive - a landslide - as they argue it was then why are they being so coy about releasing this information? The Chairwoman of ZEC is a Zanu PF member so there is no doubt that she would comply with their bidding. One would have thought that if they were so confident of their victory that they would have nothing to hide and would do everything possible to ensure that their victory could be savoured in broad daylight. If they have in fact managed to mobilise their supporters better than the MDC parties and got them to register then that will be reflected in the voters roll and they should have nothing to fear.
However the reluctance of the ZEC to release this critical document in my mind is the surest evidence that it is covering up a monumental fraud. Furthermore because the electronic roll goes to the heart of the entire electoral process it will be difficult if not impossible to conduct a viable electoral challenge to the result without it. In the circumstances the decision made to withdraw Morgan Tsvangirai's petition is fully understandable.
Senator David Coltart.
Secretary for Legal Affairs
MDC
Bulawayo
17th August 2013
As those of you who have read our report regarding the breaches of law which occurred in the Bulawayo East Constituency Parliamentary election will know a key complaint was the non compliance by the Zimbabwean Electoral Commission in providing an electronic copy of the voters roll as it was obliged to in terms of section 21(6) and (7) of the Electoral Act.
It was pointed out that it is far easier in this modern digital age to burn a CD than it is to print out a paper version of any document. It is also far easier to attach an electronic copy of a voters roll and send it by e mail to candidates than it is to transport bulky paper rolls countrywide. That is all self evident. Accordingly the excuse given by ZEC a day before the election that it could only provide paper copies, not electronic copies, due to "logistical difficulties" was, with respect, simply hogwash.
The provision of a searchable and analysable copy of the voters roll has been a key concern for over a decade. When I was Legal Secretary of the united MDC we applied to the Supreme Court to get an electronic copy of the roll in 2001 but were denied. The reason we did so then was because we knew that it provided the key to unravelling and exposing the manipulation of the roll by the Registrar General's office. Not surprisingly our case failed - not because it was devoid of merit but because some things never change. But the point is that this issue has always been key.
Accordingly when the GPA in 2008 mandated us all to agree on a new Constitution and new Electoral Laws, pivotal to that process was the need to agree on the provision of an electronic copy of the voters roll. Through a painstaking process of negotiation we eventually agreed on section 21(6) and (7) of the Electoral Act. Even this year, after the law had been passed, there were a succession of discussions held in Cabinet concerning compliance with these provisions. Because of the clear and unambiguous wording of the Electoral Act despite some in Cabinet opposing the provision of the roll, Cabinet reiterated that the roll should be supplied and that is how earlier versions of the roll in electronic format were obtained.
But of course we never received the final version of the roll as were entitled to in terms of section 21(6). I need to also emphasise that this final electronic version of voters roll is in existence, if not available. In my own constituency there was a copy of it on a computer at the command centre at Hillside Teacher College and was routinely referred to in the course of election day. When we asked for a copy of that roll our request was refused of course.
I have now read the following paragraph of the affidavit filed by Morgan Tsvangirai yesterday in withdrawing his electoral petition:
"11. By way of example, despite my petition raising serious issues concerning the voters roll, I still do not have a copy of the electronic voters roll to date. In other words the Second Respondent (ie the Zimbabwe Electoral Commission) has deliberately taken a position which is inconsistent with a just determination of this matter and which position obviously prejudices me. The fact that the position it has taken effectively aids the First respondent (Robert Mugabe) makes it completely futile to pursue this petition".
It goes without saying that I am absolutely astounded to read that an electronic copy of the voters roll has still not been provided to Morgan Tsvangirai to enable him to prosecute his case. Whilst I hold no brief for Morgan Tsvangirai it is simply incomprehensible why two weeks after the election an electronic copy of the voters roll cannot be provided.
One asks the question - what is ZEC hiding? One would have thought that if they were so confident that this election was free and fair that the roll would have been readily provided and yet it is treated as if it is a State secret.
Zanu PF also needs to address the following question. If their victory in these election was as comprehensive - a landslide - as they argue it was then why are they being so coy about releasing this information? The Chairwoman of ZEC is a Zanu PF member so there is no doubt that she would comply with their bidding. One would have thought that if they were so confident of their victory that they would have nothing to hide and would do everything possible to ensure that their victory could be savoured in broad daylight. If they have in fact managed to mobilise their supporters better than the MDC parties and got them to register then that will be reflected in the voters roll and they should have nothing to fear.
However the reluctance of the ZEC to release this critical document in my mind is the surest evidence that it is covering up a monumental fraud. Furthermore because the electronic roll goes to the heart of the entire electoral process it will be difficult if not impossible to conduct a viable electoral challenge to the result without it. In the circumstances the decision made to withdraw Morgan Tsvangirai's petition is fully understandable.
Senator David Coltart.
Secretary for Legal Affairs
MDC
Bulawayo
17th August 2013
Source - Facebook
