News / National
NERA makes submissions to ZEC
21 Feb 2017 at 11:03hrs | Views
The National Electoral Reform Agenda (NERA has made submissions to the Zimbabwe Electoral Commission over the proposed government take over of the Biometric Voters' registration kits procurement process. Below are the demands made.
Dear Justice Makarau
Re: Proposed Government Take-over of the BVR Kits Procurement Process
We refer to the recent statements from the media attributed to the Minister of Finance to the effect that the government has decided to take over the BVR kits procurement process from the UNDP. We also learnt from the press that the government has advised you that it has secured money to fund the procurement.
The same reports quote you as saying you were surprised that the government had decided to come in at this stage. However, more fundamental to us is that you were quoted as supporting the government take-over of the procurement process.
As you are no doubt aware, NERA has been actively participating in the ZEC-Political Parties Platform ever since the platform was established. This platform provides a forum for interaction between ZEC and the political parties on ways to improve Zimbabwe's electoral system.
We are happy that so far the platform has yielded very positive results. Notable among these is the commitment to interaction and dialogue between ZEC and political parties and other stakeholders, the establishment of political party sub-committees to oversee the work of the ZEC sub-committees, the agreement that political parties should make an input into the political parties' election code of conduct.
Part of the notable achievements of this interactive platform is the agreement that there should be a transparent and inclusive Biometric Voter Registration system. This system would then result in the construction of a new voters roll. The voter registration system would be polling station based and will take place with the active participation of the political parties without compromising the independence of the ZEC.
We are happy to note that in an effort to improve our electoral system, ZEC engaged experts from the UNPD who immediately identified four areas critical to electoral reforms.
a. Constant engagement between ZEC and political parties and other stakeholders.
b. Inclusive voter education process.
c. Biometric Voter Registration system that is polling station based.
d. The construction of a completely new voter's roll.
To that end it was agreed that through the UNDP, ZEC would undertake the procurement of Biometric Voter Registration kits. Consequently, a joint advertisement for potential vendors was done by ZEC and UNDP in the press.
Subsequently, you did invite five representatives of political parties to witness the opening of the bids which was being done in Copenhagen. Together with the UNDP Country Director you advised the political parties and the nation on the remaining steps to be taken in the procurement of the kits.
We should state at the onset that as political parties we were satisfied with the level of transparency at that stage of the procurement of the BVR kits.
In preparation to the Biometric Voter Registration process, a polling station mapping exercise is already underway in the country and political parties are participating actively through the Mapping subcommittee which is providing oversight to the ZEC Mapping Subcommittee. As chairperson of ZEC, you have already given a green light to political parties to start voter education programs for their members.
It is against this background that we were taken aback by the government announcement that it is taking over the procurement process. More shocking was the decision by government to elbow out the UNPD in this process. We were however even more flabbergasted by the decision by ZEC to endorse this illegal move by the government.
We therefore formally advise of our total opposition to this move by the government and ZEC. Our opposition is based on the following legal and factual grounds;
a. An agreed process of procurement is already underway. As political parties and stakeholders we now have a legitimate expectation of Biometric Voter Registration Kits procured without government interference. The new developments affect our legitimate expectation.
b. The current process being carried by ZEC through the UNDP has so far been objectively transparent and satisfactory to all stake holders. There is no reason to interfere with same.
c. In terms of the constitution, ZEC is an independent institution. The current move by the government to stop a transparent procurement system by ZEC through the UNDP is a serious assault on the independence of ZEC.
d. With all due respect your apparent readiness to embrace a clearly unconstitutional move by the government to take over the process that is supposed to be yours is an unacceptable surrender of the independence of ZEC so guaranteed by the constitution of Zimbabwe.
e. A lot of disquiet has accompanied the government's move and the motivation behind it. May it be because the government's preferred bidders may not have made it and have to be accommodated by the government take-over of the process hitherto going on smoothly? Or is it not an attempt by the government to manipulate the biometric voter registration process?
The final question to be addressed is whether a UNDP procurement process undermines the sovereignty of Zimbabwe. We hold that it in fact enhances the sovereignty of the Zimbabwean people rather than inhibit it. We say so for the following reasons:
a. Zimbabwe is part of the United Nations by choice. Ipso facto it is a member of the UN institutions like the UNDP for example. A process involving the UNDP acting in partnership with a state institution like ZEC does not at all undermine the sovereignty of Zimbabwe.
b. The constitution of Zimbabwe now recognizes the sovereignty of the people. The procurement of BVR kits through a transparent process enhances rather than inhibits the sovereignty of the people.
c. The true independence of ZEC enhances the people's ability to elect leaders of their choice. This is the hallmark of the whole concept of the sovereignty of the people.
d. In the constitution-making process, the UNDP assisted government by mobilizing donor funds for the process and administering the basket fund for the same. Zimbabwe's sovereignty was never affected.
We therefore demand that the current UNPD procurement process must proceed undisturbed. We would appreciate your response as soon as possible. We should make it clear that we will resist (through lawful means of course) any move by the government and ZEC to change goal posts at this stage.
Yours Faithfully
Douglas Togaraseyi Mwonzora
Dear Justice Makarau
Re: Proposed Government Take-over of the BVR Kits Procurement Process
We refer to the recent statements from the media attributed to the Minister of Finance to the effect that the government has decided to take over the BVR kits procurement process from the UNDP. We also learnt from the press that the government has advised you that it has secured money to fund the procurement.
The same reports quote you as saying you were surprised that the government had decided to come in at this stage. However, more fundamental to us is that you were quoted as supporting the government take-over of the procurement process.
As you are no doubt aware, NERA has been actively participating in the ZEC-Political Parties Platform ever since the platform was established. This platform provides a forum for interaction between ZEC and the political parties on ways to improve Zimbabwe's electoral system.
Part of the notable achievements of this interactive platform is the agreement that there should be a transparent and inclusive Biometric Voter Registration system. This system would then result in the construction of a new voters roll. The voter registration system would be polling station based and will take place with the active participation of the political parties without compromising the independence of the ZEC.
We are happy to note that in an effort to improve our electoral system, ZEC engaged experts from the UNPD who immediately identified four areas critical to electoral reforms.
a. Constant engagement between ZEC and political parties and other stakeholders.
b. Inclusive voter education process.
c. Biometric Voter Registration system that is polling station based.
d. The construction of a completely new voter's roll.
To that end it was agreed that through the UNDP, ZEC would undertake the procurement of Biometric Voter Registration kits. Consequently, a joint advertisement for potential vendors was done by ZEC and UNDP in the press.
Subsequently, you did invite five representatives of political parties to witness the opening of the bids which was being done in Copenhagen. Together with the UNDP Country Director you advised the political parties and the nation on the remaining steps to be taken in the procurement of the kits.
We should state at the onset that as political parties we were satisfied with the level of transparency at that stage of the procurement of the BVR kits.
In preparation to the Biometric Voter Registration process, a polling station mapping exercise is already underway in the country and political parties are participating actively through the Mapping subcommittee which is providing oversight to the ZEC Mapping Subcommittee. As chairperson of ZEC, you have already given a green light to political parties to start voter education programs for their members.
It is against this background that we were taken aback by the government announcement that it is taking over the procurement process. More shocking was the decision by government to elbow out the UNPD in this process. We were however even more flabbergasted by the decision by ZEC to endorse this illegal move by the government.
We therefore formally advise of our total opposition to this move by the government and ZEC. Our opposition is based on the following legal and factual grounds;
a. An agreed process of procurement is already underway. As political parties and stakeholders we now have a legitimate expectation of Biometric Voter Registration Kits procured without government interference. The new developments affect our legitimate expectation.
b. The current process being carried by ZEC through the UNDP has so far been objectively transparent and satisfactory to all stake holders. There is no reason to interfere with same.
c. In terms of the constitution, ZEC is an independent institution. The current move by the government to stop a transparent procurement system by ZEC through the UNDP is a serious assault on the independence of ZEC.
d. With all due respect your apparent readiness to embrace a clearly unconstitutional move by the government to take over the process that is supposed to be yours is an unacceptable surrender of the independence of ZEC so guaranteed by the constitution of Zimbabwe.
e. A lot of disquiet has accompanied the government's move and the motivation behind it. May it be because the government's preferred bidders may not have made it and have to be accommodated by the government take-over of the process hitherto going on smoothly? Or is it not an attempt by the government to manipulate the biometric voter registration process?
The final question to be addressed is whether a UNDP procurement process undermines the sovereignty of Zimbabwe. We hold that it in fact enhances the sovereignty of the Zimbabwean people rather than inhibit it. We say so for the following reasons:
a. Zimbabwe is part of the United Nations by choice. Ipso facto it is a member of the UN institutions like the UNDP for example. A process involving the UNDP acting in partnership with a state institution like ZEC does not at all undermine the sovereignty of Zimbabwe.
b. The constitution of Zimbabwe now recognizes the sovereignty of the people. The procurement of BVR kits through a transparent process enhances rather than inhibits the sovereignty of the people.
c. The true independence of ZEC enhances the people's ability to elect leaders of their choice. This is the hallmark of the whole concept of the sovereignty of the people.
d. In the constitution-making process, the UNDP assisted government by mobilizing donor funds for the process and administering the basket fund for the same. Zimbabwe's sovereignty was never affected.
We therefore demand that the current UNPD procurement process must proceed undisturbed. We would appreciate your response as soon as possible. We should make it clear that we will resist (through lawful means of course) any move by the government and ZEC to change goal posts at this stage.
Yours Faithfully
Douglas Togaraseyi Mwonzora
Source - Byo24News
