Other issues not covered by reforms of the Electoral Act include the qualifications of the
Chief Elections Officer (CEO) despite the sweeping powers that he has in managing affairs,
supervising and controlling activities relating to a national process.6 The CEO is also the
accounting officer. This position is untenable as there are no checks and balances at the
senior management level to ensure that funds are not misappropriated or misallocated.
Finance and programming have to be separate to ensure sound management of ZEC and
instill confidence in stakeholders.
The Electoral Act categorically states that Chairpersons of the public service, health service
board, or any other responsible authorities of any statutory body or council, shall second
such persons in the employment of the State to be staff members of ZEC during elections.7
This pool of persons who can be seconded to ZEC continues to be the preserve of civil
servants and employees of local authorities.8 It remains exclusionary although the SADC
Principles call for it to be inclusive.9 Concerns about the impartiality which Zimbabwe has to
ensure according to the Organisation of African Unity (OAU) Guidelines 10 and SADC
Principles11 remain. As in past elections, the fact that new recruits to the public service have
had to undergo training under a National Youth Service programme that is heavily politicized
remained a concern.
Additionally, the Act still provides that Commissioners, staff, and agents are prohibited from
divulging any confidential information gained through the course and scope of their
employment with ZEC.12 This provision may be invoked by those aimed at discouraging
Commissioners and staff members from disclosing irregularities in electoral processes or
misconduct on the part of ZEC.
4.10 De-Duplication
The Electoral Act stipulates that de-duplication of the voters’ roll ensures that the voters’ roll
is clean. However, the stipulation that no notice has to be given for the de-duplication
process is contrary to the tenets of administrative justice as a voter should have the
opportunity to make representations before his/her name is removed from the roll, and not
after. Though there is an option of appealing to a designated magistrate of the province,
6
7
8
9
10
11
12
Section 9(2)(b&c) of the Electoral Act.
Section 10(1) of the Electoral Act.
Section 17(1) of the Electoral Act, as amended.
Principle 7.3 of the SADC Principles.
Part III(c) of the OAU Guidelines.
Principle 7.3 of the SADC Principles.
Section 11(2)(g) of the Electoral Act.
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