This data does not suggest a climate in which the ground rules well-established and the political parties have confidence in the administration of the election. Such agreement is after all a major reason for the promulgation of the SADC Principles and Guidelines, and the creation of a process in which the issues before the voters should be the main concern for the political parties. Here our data suggest the contrary. VOTER EDUCATION THE NCA HAS ALREADY DRAWN ATTENTION TO THE FLAWED CONSTITUTIONAL AND LEGAL FRAMEWORK GOVERNING THE ELECTIONS. AS WE HAVE SAID IN PREVIOUS REPORTS, THE ELECTION CLIMATE REPORTING SYSTEM WAS NOT DESIGNED TO ILLUMINATE THESE SHORTCOMINGS, BUT RATHER TO DRAW ATTENTION TO THE EFFECTS THAT THESE SHORTCOMINGS MIGHT HAVE UPON ORDINARY CITIZENS’ PARTICIPATION IN THE FORTHCOMING ELECTIONS. HOWEVER, THE ISSUE OF VOTER EDUCATION DOES SEEM TO ILLUSTRATE DIRECTLY THE CONSEQUENCES OF THE LEGAL SHORTCOMINGS. Since the electoral laws and regulations forbid civic organizations from undertaking voter education outside the direction of the Zimbabwe Electoral Commission, it was clearly incumbent on this body to ensure that voter education takes place. However, the reports from the community monitors suggested that very little voter education actually took place, and, of the voter education that happened, only a very small proportion took place under the auspices of the Commission. Only 22% of the constituencies reported any form of voter education taking place. As is seen from Table 10 below, most voter education was being done by the political parties, whilst the Commission provided little more than those civic organizations still willing to brave the dual handicaps of the electoral laws and the threat of the Non-Governmental Organizations Act. In March, however reports suggested that the ZEC had increased its activities, although the reports indicate that this had been mostly in the urban centres, and, especially Harare. During the polling on 31 March, there were high numbers of spoilt papers and people being turned away, and this could be partly attributed to poor voter education. With reported rates of turn aways of up to 25%, this is not a trivial criticism of the failure by ZEC to ensure comprehensive voter education, and may have had a decided effect upon the final results. Table 10. Percentage of constituencies reporting voter education. GROUP % OF REPORTS. ZANUPF 27 MDC 19 ESC 23 OTHER 21 THERE CAN BE MANY REASONS FOR THE FAILURE OF THE STATUTORY ELECTORAL BODIES TO DELIVER VOTER EDUCATION, BUT THE NCA CAN ONLY DEPRECATE THIS FAILURE. WITH A WHOLE NEW ELECTORAL SETUP IN PLACE, THERE WAS AN EXTREME NEED FOR ALL ZIMBABWEANS TO UNDERSTAND THEIR NEW ARRANGEMENTS IN ORDER TO MAKE INFORMED DECISIONS ABOUT THEIR PARTICIPATION. A MORE COMPELLING CASE FOR THE INADEQUACY OF THE CONSTITUTIONAL AND LEGAL FRAMEWORK CAN HARDLY BE MADE. THERE ARE MANY OTHER ASPECTS OF THE INADEQUACIES OF THE ZIMBABWE ELECTORAL COMMISSION, BUT THESE HAVE BEEN WELL DESCRIBED IN OTHER OBSERVER REPORTS, AND ESPECIALLY THE PRELIMINARY REPORT AND STATEMENTS OF THE ZIMBABWE ELECTION SUPPORT NETWORK AND WE WILL NOT COMMENT FURTHER ON THESE ISSUES. Finally, the NCA wishes again to comment briefly on the allegations concerning the political use of food. This has been widely reported in the press, and further substantiated by the reports from the NCA community monitors in 2005. National Constitutional Assembly: THE 2005 PARLIAMENTARY ELECTION. FLAWED, UNFREE AND UNFAIR!

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