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Magaisa digs in on ZEC's ban of ZEC phones at polling stations
29 Jul 2018 at 12:03hrs | Views
Political analyst Alex Magaisa has promised to dig in on the ban of mobile phones at polling stations on Monday.
Zimbabwe Electoral Commission banned the use of mobile phones inside the polling stations on Monday.
"People who have received messages from ZEC informing them that the use of cellphones inside the polling station is prohibited have been asking about the legality of this step. I will address it both from legal and political angles. Legally, as I have stated before, ZEC has wide powers under the Constitution, which it can use reasonably for purposes of fulfilling its functions. One of its critical functions is to run the election in a way that protects the severely of the vote and voter's right to exercise free will," said Magaisa.
"I'm not sure why someone would want to use a cellphone inside a polling station but if it is to capture images of what they do, such images of the ballot paper, this could actually be counter-productive. It can easily be abused by bullies who would demand that voters provide pictorial evidence of how they would have voted.This is a real danger. We already know that some voters, especially in rural areas are subjected to strategies designed to control how they vote."
He said the risk of that happening would be minimised if cellphones are not allowed to be used inside the polling station.
"It shuts a gap that can be abused by those who wish to control the choices that other people make. Nevertheless, this prohibition only applies inside the polling station and does not extend outside, such as the grounds where the polling station is located. For example, a person should be able to use their cellphone while in the queue before they enter the actual polling station. More importantly, the Electoral Law allows members of the public to capture and record the contents of the polling station return once it is posted on the outside of the polling station. If one wants to use their cellphone to record the results, it is perfectly legal to do so. The ban only applies INSIDE the polling station not OUTSIDE on the walls of the polling station," Magaisa said.
"Finally, ZEC must use its administrative discretion in a reasonable manner so that there is flexibility in the case of polling agents who have to be in regular communication with their candidates and other authorities."
Zimbabwe Electoral Commission banned the use of mobile phones inside the polling stations on Monday.
"People who have received messages from ZEC informing them that the use of cellphones inside the polling station is prohibited have been asking about the legality of this step. I will address it both from legal and political angles. Legally, as I have stated before, ZEC has wide powers under the Constitution, which it can use reasonably for purposes of fulfilling its functions. One of its critical functions is to run the election in a way that protects the severely of the vote and voter's right to exercise free will," said Magaisa.
"I'm not sure why someone would want to use a cellphone inside a polling station but if it is to capture images of what they do, such images of the ballot paper, this could actually be counter-productive. It can easily be abused by bullies who would demand that voters provide pictorial evidence of how they would have voted.This is a real danger. We already know that some voters, especially in rural areas are subjected to strategies designed to control how they vote."
He said the risk of that happening would be minimised if cellphones are not allowed to be used inside the polling station.
"It shuts a gap that can be abused by those who wish to control the choices that other people make. Nevertheless, this prohibition only applies inside the polling station and does not extend outside, such as the grounds where the polling station is located. For example, a person should be able to use their cellphone while in the queue before they enter the actual polling station. More importantly, the Electoral Law allows members of the public to capture and record the contents of the polling station return once it is posted on the outside of the polling station. If one wants to use their cellphone to record the results, it is perfectly legal to do so. The ban only applies INSIDE the polling station not OUTSIDE on the walls of the polling station," Magaisa said.
"Finally, ZEC must use its administrative discretion in a reasonable manner so that there is flexibility in the case of polling agents who have to be in regular communication with their candidates and other authorities."
Source - Byo24News
