Registrar-General is responsible for these tasks. Also, the Delimitation Commission,
another body composed of presidential appointees, had already delimited electoral
constituencies. The registration of voters, the inspection of the voters’ roll, and the
delimitation of boundaries have all been tainted in the past because they have been
conducted by government appointees in a non-transparent and discriminatory way.
The Electoral Act
The Electoral Act removes the president’s power to make regulations by statutory
instruments. This is a positive step. However, the Justice Minister still retains the power
to make regulations by statutory instrument. Legislating through hastily introduced
regulations that do not require the approval of parliament was a hallmark of the 2002
presidential election. A number of retrogressive electoral measures introduced by
statutory instrument in the past two national elections have been incorporated in the
new electoral acts. These include proof of residency requirements, provisions relating to
the invitation and accreditation of observers and to the restrictive use of postal ballots to
government members.
The amended Electoral Act retains the proof of residency requirements from the 2002
election. Proof of residency requirements effectively disenfranchise many potential
voters, especially urban youth. Since the opposition draws much support from urban
youth, these requirements discriminate against it. Lodgers must provide rates bill in their
name and with their address, or a letter addressed in their name from a store with which
they have a credit account, or a lodger’s card, which is an agreement with the renter.
Even those living with their parents must prove that they are a “natural child”. In such
cases, a parent must accompany them to obtain an affidavit from a lawyer, a
commissioner of oaths, or the police. Since rates bills are almost always in the landlord’s
name, lodgers are unlikely to retain any bills in their name. The lodger’s card and the
affidavit cost money and take time, thus straining resources.
The Electoral Act provides for who invites and accredits observers, both foreign and
local. Members of the government and the Electoral Supervisory Commission, which is
made up of presidential appointees, are responsible for inviting and accrediting
observers. This process of selecting observers does not favor the choice of independent
observers. Moreover, the price of accreditation per observer is high and will inhibit the
numbers of local observers that nongovernmental organizations can afford.
The Electoral Act limits the use of the postal ballot to government employees on
government business. The 3.4 million Zimbabweans living in exile because of the
political and economic crisis in the country are unable to vote.
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