Electoral reforms should enhance democracy

The MDC-T advocates for electoral reforms that will deepen and enhance Zimbabwe's democratic dispensation. In this respect, therefore, Section 12 of the Electoral Act (Chapter 2: 13) has to be amended. The holding of free and fair elections is a prerequisite for sustainable democratic and socio-economic development. The lack of political legitimacy has been haunting the Zanu PF regime ever since the holding of the July 31, 2013 harmonised elections that were seriously rigged. The people of Zimbabwe deserve to be governed by a government of their own choice; freely and fairly elected into power in an electoral contest that passes the test of legitimacy. Nothing short of this will be acceptable.

Presently, the Zimbabwe Electoral Commission (ZEC) is funded through a vote included in the Ministry of Justice vote. The ideal situation is for ZEC to get government funds in a separate vote by Parliament. ZEC is facing serious financial and other related material resources constraints. According to the law, ZEC may also receive donations or grants from any local or foreign source if this funding has been approved by the Minister of Justice and the Minister of Finance. However, Section 235 of the Constitution of Zimbabwe emphasises that the independent commissions, including ZEC, are independent and are not subject to the direction or control of anyone. The legal provision that gives too much power to the Minister of Justice and the Minister of Finance regarding the funding of ZEC undermines the independence of this constitutional commission. Surely, the Commissioners must be trusted to make proper decisions regarding acceptance of financial assistance from local and foreign sources to ensure that such funds will not compromise their independence. Both the Minister of Justice and the Minister of Finance are actually political actors as well as Ministers and it would be better to leave it to the Commission to make these decisions.

Voter registration has to be conducted continuously. Thus, there is also need to amend Section 17A of the Electoral Act. ZEC must take active steps to ensure that all eligible voters are registered as voters by making voter registration processes freely available throughout the country. Section 155(2) of the Constitution obliges the State to ensure that all eligible citizens are registered as voters. ZEC should, therefore, mount voter education campaigns throughout the country to explain the requirements and procedures for registration as voters and why registration is necessary in order to vote. This public campaign must make use of all forms of the media including social media and SMS messages. It should be noted that although adult citizens are not obliged to vote in an election all eligible voters should nonetheless be registered as voters so that they have the opportunity to vote if they so wish. The MDC advocates that persons who reach the age of 18 should automatically be placed on the voters' roll, but voting will remain optional. Voter registration should also be done electronically to allow persons in the Diaspora to register without having to return to Zimbabwe.

Section 23 of the Electoral Act also has to be amended. There must be a provision that members of the security services who are temporarily undergoing training at training barracks must be registered as voters in the places where they were born  or where they ordinarily reside and not at the locations where they are undergoing training. Section 26A of the Electoral Act relating to the closure of the voters' rolls has to be amended as well. The voters' roll must close at least three (3) days before the nomination day and no person will then be able to vote unless he or she is on the voters' roll (no voting on the basis of registration slips).This will make it easier for ZEC to supply up-to-date printed voters' rolls to candidates and to polling stations for use on polling day.

The current restrictions on voter education by organisations other than ZEC must be relaxed, in particular in respect of general civic education on electoral rights. Further, the requirement that foreign funding for voter education for civic society organisations must be channelled through ZEC should be removed since this may effectively prevent non-governmental organisations from receiving foreign funding as donor agencies may be reluctant to channel the donor funds through ZEC because there is no guarantee that ZEC will allow the funds to then be transmitted to the intended beneficiary. The provision provides no objective criteria upon the basis on which ZEC is to allow the onward transmission of the funds to the intended beneficiary.

In terms of Section 239 (i) of the Constitution, ZEC is responsible for accrediting election observers. The accreditation committee must, therefore, consist of Commissioners. The non-commissioners should be there simply in an advisory capacity. Recent remarks by Vice-President Emmerson Mnangagwa to the effect that the Zanu PF regime will determine who will be invited as an election observer should thus be roundly condemned.

In the next press release, the MDC will continue to articulate its position relating to the nomination of candidates, assisted voting, postal voting etc. Zimbabwe cannot afford another disputed election in 2018.All patriotic Zimbabweans have grown weary of the prevailing political repression and socio-economic decay. It is incumbent upon us, as Zimbabweans, to chart a new democratic dispensation for our beloved motherland.