RSS 2.0 FeedJuly 2011 Vol 35, Featured Articles, Constitutional Indaba
Electoral amendments don’t go far enough: ERC
The proposed amendments to the Electoral Amendment Bill, to be put before parliament soon as part of the roadmap to elections, leave Registrar General Tobaiwa Mudede firmly in control of the controversial voter’s roll.
In its recent analysis of the amendments, the Election Resource Centre explains that the existing electoral act is not explicit around the issues of the voters' roll. It assigns responsibility for the custody of the roll to the Zimbabwe Election Commission, but the maintenance of the roll remains firmly in the hands of the Registrar of Voters.
The Registrar falls under the Ministry of Home Affairs and is not accountable to the Commission, which falls under the Ministry of Justice. Such a situation makes it difficult to secure accountability around the roll, hence the controversy on the issue. The proposed amendment is still silent on the issue, meaning that even after it passes, Mudede will still be in charge of the roll.
Despite considerable evidence to the contrary that has been fully reported in this newspaper, Mudede continues to claim that the document is perfect.
The ERC has highlighted a number of problems with the current act and the proposed amendments. One chief concern is that the Chief Election Officer is the Returning Officer in the Presidential Election.
“Such a provision means that a formal decision on the election will be made by an individual and the commission has limited, if any, say in it. In international practise, the Returning Officer in the Presidential election is the Chairperson of the Election Commission and decisions are made by a quorum of Commissioners. Considering the controversy around the secretariat at ZEC and the failure to come up with a solution on the matter in the roadmap to elections, this is crucial,” says the ERC.
The adaptation of a polling station based voters’ roll can only serve to accommodate further disenfranchisement of voters through displacements, especially in the absence of security guarantees for the voter. The ERC believes a broader approach to the roll such as the one prevailing now would allow insecure voters to travel to safer polling stations to cast their ballots within the same ward.
The ERC has urged Parliament to tighten all the obscure clauses that could potentially undermine future elections and reject inhibiting sections in the gazetted bill.
Problem issues in current Act
Silent on announcement of results.
No long-term observation
Early deployment of domestic and international observers not possible.
Silent on access of election agents and observers to national, provincial, constituency and ward election centres where tallying of votes is conducted.
Promotes opportunities for electoral manipulation.
Makes the Chief Election Officer the Returning Officer in the presidential election.
Formal decision on election will be made by an individual - commission has limited, if any, say.
Polling station voters’ rolls – will further disenfranchise voters through displacement, especially in the absence of security guarantees.
New registration of voters – The amendment needs to explicitly state that new voters should submit themselves in person. This would assist in curbing the current scenario where one political party is reportedly simply submitting lists of new voters for registration.
Removal from the roll – if person absent from constituency for12 months - disenfranchises a significant proportion of voters.
ERC Proposals
Ensure access of the registration process to potential voters and allow voters to decide where they would like to register - as long as they can provide proof of residence.
Relax proof of residence which is too stringent and has disenfranchised thousands of potential voters owing to its stringent nature.
Allow lodgers and rural people ostracised for their political beliefs and unable to court the favour of traditional leaders to exercise their constitutional right.
Recognise the need to monitor all election processes by international observers.
Do not limit the scrutiny of future election processes - open them up through allowing early invitation of domestic and international observers,
Facilitate smooth accreditation of observers and protect them from obstructions and hindrances in the execution of their duties.
Protect secrecy of postal ballot through explicitly protecting successful applicants.
Introduce an inner envelop with the name of voter and an outer one which will be shown to election agents and observers.
Tighten process of opening postal ballots to further protect secrecy.
Decentralise observer accreditation to provinces.
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