electoral administration and management;
•
Legislation should provide for publication of a preliminary and subsequently final
voter’s roll in sufficient time prior to an election. Both of these lists should be made
available for easily accessible public inspection, rather than only in offices of
constituency registrars;
•
All parties should subscribe to a Code of Conduct regarding the activities of political
parties and candidates during the campaign and election period;
•
Regulations governing the use of public media by the political parties and a Code of
Conduct on media coverage and advertising during the campaign and election period
need to be devised;
•
There is a need to review the Constituency delimitation exercise and the number of
polling stations attached to constituencies;
•
A well-organised and ongoing voter education programme should be initiated and
carried out by election officials, political parties and civil society.
None of these recommendations were followed by the Government of Zimbabwe in any of
the by-elections or local government elections held up to the Parliamentary Elections in 2005.
All the available evidence indicated even greater partisan control by the government of all
electoral processes and procedures.
The 2005 Parliamentary Elections were held against the background of the SADC Principles
and Guidelines Governing Democratic Elections that were passed in Mauritius in August 2004.
It was strongly argued by the Zimbabwe government, and supported by a number of SADC
states, that this ushered in a new era in elections, and that these standards overcame many
of the previous objections to the conduct of elections in Zimbabwe. However, once again the
elections produced a disputed result, and the results were not widely accepted as free and
fair. Furthermore, most international observers, including the Commonwealth, were excluded
from these elections, and observer groups declined to endorse the elections as meeting
accepted democratic standards. Whilst undoubtedly less violent than the preceding elections,
there were cogent allegations of intimidation and undue influence.
Also of concern is the inexplicable delay in the adjudication of all election petitions. An
election petition under the Electoral Act is a major democratic tool for judicial evaluation of
elections, and the Act provides that these should be heard and decided expeditiously. This
must be so, as the matters entailed in election petitions speak to the heart of political power
and good democratic practice, and the provision for petitions ensures that there can be no
inappropriate elections: it is the safeguard against electoral fraud and the theft of the right to
govern and the people’s will.
17
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