ZEC urged to address concerns

Issued by ERC

On 26th December 2022, the Zimbabwe Electoral Commission took a significant step toward fair representation for all Zimbabwean voters by submitting the Preliminary Delimitation Report to the President of Zimbabwe.

The preliminary report presents the wards and constituencies as delimited by the Commission during the delimitation exercise.

While the report has generally resulted in a more equitable distribution of voters across the 210 constituencies in Zimbabwe, the ERC notes concerns raised by stakeholders on the report.

Main concerns being the calculation of the allowable ‘variance’ for the number of registered voters per constituency and ward. The alleged erroneous methodology used to calculate the variance potentially discredits the delimitation process.

The underlying principle of the delimitation process is to ensure the equality of the vote. Hence, the ERC urges the Commission to address the concerns raised by stakeholders. The failure to adequately address the issues raised may result in the final delimitation report being contested and thus affecting its use for the 2023 Harmonised Elections.

A return to the pre-existing 2007/2008 boundaries goes against the principles of the equality of the vote as the boundaries of the current constituencies and wards are grossly unequal. Inclusivity and transparency in addressing the concerns raised will ensure buy-in of all relevant stakeholders.

The Electoral Commission is expected to ensure maximum transparency of the procedures and their outcome. This is vital to guarantee the credibility of the electoral process, secure the confidence of the voters and respect the aspirations of the Constitution.

Given the short time remaining for the delimitation report to be adopted for the 2023 Harmonised Election.

ERC calls on all significant stakeholders, in particular the Electoral Commission, Parliament, and Political Parties, to step up, address the issues brought up, and carry out their mandates.

The following are some of the key issues that ERC would like to bring to the attention of Zimbabweans and key institutions and stakeholders in the electoral process;

1. Voter Registration: Noting the Zimbabwe Population and Housing Census report on adult population, ahead of the 2023 Harmonised elections, voter registration procedures should accommodate broad participation of eligible voters. ZEC must take effective measures to ensure that all persons entitled to vote are able to exercise that right before the proclamation of the Harmonised elections.
2. Voter Education: Government should provide funding for objective voter education and electoral information campaigns. Voters should be well informed as to why voting is important, as well as where, when and how to vote. Voter education campaigns should extend throughout the territory of the country, including rural and outlying areas.3. Voters Roll: The current standoff on access to the voters’ roll may result in electoral stakeholders losing confidence in the voters’ roll and consequently result in a disputed election outcome. The Commission’s inability or unwillingness to have stakeholders scrutinize the document continues to dent the Commission’s image and intentions. The voters’ roll must be availed to interested parties well in advance without undue hindrances as long as the request for such meets the legal requirements.

4. Delimitation of wards and constituency boundaries: The delimitation of boundaries should respect the Constitution of Zimbabwe and the international norm of equal suffrage. The drawing of new electoral boundaries and the methodology used should not distort the distribution of voters, discriminate against any group or exclude any group or restrict the right of citizens to choose their representatives freely. Stakeholder views must be considered so long as they are within the parameters of the law and accepted standards.
5. Election management, administration and operations: ZEC must execute its mandate independently, impartially and in a gender-sensitive manner, irrespective of its composition. The Commission must also be maximally consultative and provide access to relevant information to all election stakeholders. We encourage ZEC to execute its mandate in a transparent and inclusive manner and the 2018 election observer recommendations must be wholly considered and actioned. The government must fund the work of the commission in order for it to swiftly deliver on its mandate.
6. Electoral justice: The right to challenge election results and for aggrieved parties to seek redress should be easily available. Access to an independent judicial review or other complaints and appeals processes and audit procedures should be provided so that electors have confidence in the electoral process. Cases must be dealt with swiftly and efficiently to cultivate public confidence in the election and in the justice delivery system. Courts and their presiding officers must be capacitated to handle complex election cases. Parliament must review electoral laws to provide remedies that are prompt, adequate and effective and enforceable within the context of the electoral calendar.
7. Media access: Fair media access by all political candidates and parties for campaigning and advertising purposes will be important for the 2023 election. Media regulations should provide for safeguards against political censorship, unfair advantage and unequal access during the campaign period. Women and men candidates should receive equal visibility in the public media during election campaigns.
8. Violence in elections: Violence has no place in Zimbabwean society and particularly during elections. Political parties and leaders must publicly denounce the use of violence ahead of the campaigning season. The Electoral Commission, Zimbabwe Republic Police and the ZHRC must exercise due diligence to prevent, investigate and punish acts of violence. ERC notes that of late there have been increasing levels of violence against women and the elderly. These acts must be condemned and justice must prevail in order to guarantee a peaceful and free election.9. Harmonized Elections: ERC according to the timeline provided in the Constitution of Zimbabwe anticipates the elections to be conducted between July-August 2023. The elections must meet all the principles espoused by the Constitution of Zimbabwe in Section 155 and must be conducted in a transparent and accountable manner. Citizens must have an equal opportunity to cast their vote and to do so in peace. The freeness and fairness of the election must be measured from the inner expression of citizens. Finally, the credibility test must be passed where the Commission would have acted with integrity knowing very well that their actions will decide the fate of the country till the next poll in 2028.

Conclusively, “genuine elections” must consist of an election calendar, timeous elections, universal and equal suffrage, secrecy of the ballot and free, fair and credible election management by ZEC. During the course of the year, the ERC will continue to work hand in hand with all Chapter 12 institutions, Parliament and all election stakeholders to deepen the transparency of elections in Zimbabwe.