News / National
Unofficial poll result announcing officially criminal in Zimbabwe
09 Jul 2011 at 02:54hrs | Views
New poll regulations released last week state that any political parties and their members will be liable for criminal prosecution for pre-empting the official announcement of results of any national election,
The Zimbabwe Electoral Commission is the sole body mandated to run and announce poll results countrywide.
Regulations also stipulate that before being nominated as a party candidate, a person would have to be certified by an officer whom a political party indicates to ZEC.
This is expected to go a long way in curbing incidents where more than one candidate from one political party submit their names before the nomination court to stand for a particular constituency.
On the announcement of poll results before official declaration by ZEC, the Electoral Amendment Bill provides for a fine or imprisonment of up to six months or both.
The Bill is now expected to be tabled before Parliament for debate when it resumes sitting next week and will be passed with or without amendments.
"No office bearer or member of a political party shall purport to declare and announce the results of any election before it has been declared officially by an electoral officer," read the regulations.
In the 2008 harmonised elections, MDC-T secretary-general Mr Tendai Biti was arrested after he convened a Press conference where he announced that his party leader, Mr Morgan Tsvangirai, had, according to their calculations, won the presidential election by more than the constitutional threshold that did not require a presidential run-off.
This was before ZEC had announced the results, which later turned out that none of the three candidates - President Mugabe of Zanu-PF, Mr Tsvangirai and Dr Simba Makoni of Mavambo - had garnered sufficient votes to avoid a presidential run-off.
Clause 14 of the Bill, tightens requirements for a candidate standing for election on behalf of a political party to satisfy the Nomination Court that the party wants him or her to represent it.
"For the purpose of subsection (2), each political party contesting the election concerned shall provide the commission with the names of at least three office bearers of the party, any one of whom will be authorised to provide the certification required by that section," read the regulations.
To curb political violence and intimidation during elections, Clause 33 of the Bill obliges the Commissioner General of Police, in consultation with the Zimbabwe Human Rights Commission, to appoint a senior police officer for each provincial centre to act as special police liaison officer responsible for expeditious resolution of violence raised by any stakeholder.
Those fingered for the offences would be prosecuted and if convicted may be fined, imprisoned and banned from performing political activities for a stipulated period.
On accreditation of election observers, there shall be an Observers Accreditation Committee to consider applications with ZEC being the final authority as the Ministers of Justice and Foreign Affairs will no longer have a veto over the accreditation of observers.
On voter education, ZEC will be responsible for the exercise, supervise other bodies allowed to do the process, while foreign organisations are prohibited from voter education but allowed to provide funding to the electoral body.
"Trusts providing voter education must be predominantly Zimbabwean in character. The new section penalises persons who, with intent to circumvent the restrictions on the provision of voter education specified in the law, provide voter education under the guise of providing it as part of a course in law or civics or any other subject for students at an educational institution," read the regulations.
On media coverage, the Bill requires media houses, particularly the public media to give fair coverage to all parties contesting an election.
ZEC may request assistance of the Zimbabwe Media Commission and the Broadcasting Authority of Zimbabwe in monitoring the conduct of the media during elections including its post election report.
"This section shall not be construed as preventing anyone other than ZMC from monitoring news media and reporting on their conduct during an election period," read the regulations.
A media house shall not be obliged to publish political advertisements from political parties contesting an election but if they are prepared to do so, should offer the same terms and conditions of publication without discrimination to all parties and candidates.
Election will be held between 42 and 63 days after nomination day and the same period will apply with respect to presidential election run off should no candidate garner more than 50 percent of the votes.
Postal ballots will only be used by persons on government business or diplomatic service, while the police and soldiers who will be away from their constituencies on electoral duty will vote in advance.
The Zimbabwe Electoral Commission is the sole body mandated to run and announce poll results countrywide.
Regulations also stipulate that before being nominated as a party candidate, a person would have to be certified by an officer whom a political party indicates to ZEC.
This is expected to go a long way in curbing incidents where more than one candidate from one political party submit their names before the nomination court to stand for a particular constituency.
On the announcement of poll results before official declaration by ZEC, the Electoral Amendment Bill provides for a fine or imprisonment of up to six months or both.
The Bill is now expected to be tabled before Parliament for debate when it resumes sitting next week and will be passed with or without amendments.
"No office bearer or member of a political party shall purport to declare and announce the results of any election before it has been declared officially by an electoral officer," read the regulations.
In the 2008 harmonised elections, MDC-T secretary-general Mr Tendai Biti was arrested after he convened a Press conference where he announced that his party leader, Mr Morgan Tsvangirai, had, according to their calculations, won the presidential election by more than the constitutional threshold that did not require a presidential run-off.
This was before ZEC had announced the results, which later turned out that none of the three candidates - President Mugabe of Zanu-PF, Mr Tsvangirai and Dr Simba Makoni of Mavambo - had garnered sufficient votes to avoid a presidential run-off.
Clause 14 of the Bill, tightens requirements for a candidate standing for election on behalf of a political party to satisfy the Nomination Court that the party wants him or her to represent it.
"For the purpose of subsection (2), each political party contesting the election concerned shall provide the commission with the names of at least three office bearers of the party, any one of whom will be authorised to provide the certification required by that section," read the regulations.
Those fingered for the offences would be prosecuted and if convicted may be fined, imprisoned and banned from performing political activities for a stipulated period.
On accreditation of election observers, there shall be an Observers Accreditation Committee to consider applications with ZEC being the final authority as the Ministers of Justice and Foreign Affairs will no longer have a veto over the accreditation of observers.
On voter education, ZEC will be responsible for the exercise, supervise other bodies allowed to do the process, while foreign organisations are prohibited from voter education but allowed to provide funding to the electoral body.
"Trusts providing voter education must be predominantly Zimbabwean in character. The new section penalises persons who, with intent to circumvent the restrictions on the provision of voter education specified in the law, provide voter education under the guise of providing it as part of a course in law or civics or any other subject for students at an educational institution," read the regulations.
On media coverage, the Bill requires media houses, particularly the public media to give fair coverage to all parties contesting an election.
ZEC may request assistance of the Zimbabwe Media Commission and the Broadcasting Authority of Zimbabwe in monitoring the conduct of the media during elections including its post election report.
"This section shall not be construed as preventing anyone other than ZMC from monitoring news media and reporting on their conduct during an election period," read the regulations.
A media house shall not be obliged to publish political advertisements from political parties contesting an election but if they are prepared to do so, should offer the same terms and conditions of publication without discrimination to all parties and candidates.
Election will be held between 42 and 63 days after nomination day and the same period will apply with respect to presidential election run off should no candidate garner more than 50 percent of the votes.
Postal ballots will only be used by persons on government business or diplomatic service, while the police and soldiers who will be away from their constituencies on electoral duty will vote in advance.
Source - Byo24News
