ZEC given five days as ZANU-PF, MDCs agree on electoral reforms

ZIMBABWE'S Cabinet has approved electoral reforms that will see results of Presidential polls being scrutinised by independent and reputable audit firms as parties in the inclusive government move to eliminate potential hitches to a free and fair poll, The Financial Gazette reported on Friday.

The electoral changes, which are part of a package of reforms agreed by negotiators from the three political parties in the inclusive government, will now need to be endorsed by Parliament, a move likely to scuttle any prospects for an early poll as suggested by the ZANU-PF leadership.

The new proposed legislation comes three years after a disputed Presidential poll in which the Zimbabwe Electoral Commission (ZEC) went for nearly two months without announcing results of the March 2008 Presidential elections, plunging the country into a political crisis.

ZEC said then the delays had been caused by the collation and verification of the results, before releasing figures that showed Prime Minister Morgan Tsvangirai had outpolled President Robert Mugabe, but failed to garner enough votes required under the Constitution to claim the Presidency.

This forced a Presidential election re-run boycotted by Tsvangirai over allegations of violence against his supporters.

The three governing parties, ZANU-PF and the two MDC formations, have retained the existing provisions requiring the victor in a Presidential election to win by at least 50 percent plus one vote to be declared a winner.

But the proposed reforms will compel ZEC to declare Presidential results within five days.

The latest proposals also took into consideration last year's far-reaching constitutional court ruling following an application by Simon Mvindi, who is visually impaired, and five others who sought to influence changes to some of the country's electoral deficiencies when it comes to voting by disabled persons.

The new proposals provide for an illiterate, physically incapacitated or visually impaired voter to be assisted by a person of his or her choice who is above the age of 18 years without the assistance of the presiding officer or polling officer.

The constitutional court nullified restrictive sections of the Electoral Act, paving the way for the latest changes.

Mvindi had said in the 2008 polls, he was denied the right to be assisted by his wife in casting his ballot, but was forced to be assisted by a presiding officer.

In a country where post-election violence is rampant, the previous arrangement placed the lives of assisted voters at risk as their political preferences were revealed to strangers.

The proposed amendments will also result in the setting up of a special body to investigate any acts of violence perpetrated during elections.

ZEC would also be empowered to warn candidates, election agents or parties implicated in acts of political violence and to set up a special court at the magistrate's level to try such cases.

The Attorney-General would also set up a special unit dedicated to prosecuting cases of political violence committed during elections; and the courts would make a special order banning convicted candidates from further participation in electoral processes.

In a critique of the new proposals, the Election Resource Centre (ERC) said the measures were an important step towards holding credible polls and hailed the independent auditing of Presidential results, saying this was an important process that would consolidate the legitimating of an elected President.

ERC said the need for ZEC to release results in five days was also welcome especially after the 2008 debacle, but added that the proposed law should spell out clearly what sanctions would follow the violation of the set time limits.

On assisted voters, it said: "It is a positive development in trying to empower all voters as equals and upholding one's freedom of choice as well as secrecy of the ballot."

"Whilst this proposed change greatly facilitates the minimisation of voter intimidation within a polling station, it fails to deal with endogenous organised violence. This might result in a high number of assisted voters being forcibly assisted in voting by architects of violence in the localities, purporting to be their chosen assistants."