ZESN - Promoting Democratic Elections in Zimbabwe There was stakeholder engagement by ZEC, including with Civil Society Organisations (CSOs). However, civil society, which, in turn, kept the public informed (although not satisfactorily) about some of the processes, was, itself, not satisfied with the quality of engagement with ZEC. b. c. the total number of ballot papers that have been printed for the election; and the number of ballot papers that have been distributed to each polling station. For the 2018 harmonised elections, ZEC contracted Fidelity Printers for the printing of Presidential and National Assembly ballots and 18 Printflow for the local council ballot papers . The selection process of the two companies raised concerns as the tender process was not open. In essence, this process eroded stakeholder confidence. The ZEC printed 6 150 950 Presidential, 6 150 950 National Assembly, and 5 036 250 local authority ballot papers.In keeping with international best practice, ZEC only printed, for contingency purposes, additional ballot papers that constituted 8% of the total number of papers needed for the 2018 harmonized elections. 5.5 Independence of ZEC Legal provisions guaranteeing ZEC's independence seem inadequate. There are to be several gaps that allow for executive interference in the operations of the commission. For instance, the Sixth Schedule to the Electoral Act gives the President the power to unilaterally set the terms and conditions of Commissioners. Although a report on findings of a tribunal set up to remove a Commissioner must be placed before Parliament, Parliament does not have any input in the final decision. In addition, Section 7 of the Electoral Act permits ZEC to use its discretion to adopt and review procedures that promote efficiency and independence. This must be qualified for such discretion to guarantee transparency as stipulated in section of 239(a) of the Constitution. In practice, it seems this role resides in the Ministry of Justice which makes the regulations after considering input from the Commission. The design, printing, and distribution of ballot papers, on the other hand, became a contentious issue during the pre-election period with the MDC Alliance at one point threatening to boycott the elections. In response to sustained pressure from electoral stakeholders, ZEC invited political parties, the media, and observers to tour the printing facilities and witness a demonstration of how ballot papers would be printed. However, efforts by the ZEC to improve transparency in this area failed as stakeholders were not permitted to ask questions and were unable to see clearly as they observed the process from an approximate distance of 20 meters from the printing machines. The ZEC, therefore, missed an opportunity to address myths, fears, and misconceptions that stakeholders had at the time regarding the ballot paper design, printing and distribution. The Observers Accreditation Committee (OAC) is widely perceived as exerting undue influence on the ZEC. Stakeholder sentiments are that observers will only be invited to observe electoral process when none of the members has raised an 17 objection. Ballot papers design, printing, and distribution is provided for under Section 52A of the Electoral Act. The ZEC is required under Section 52A (2) to provide, without delay, information to all political parties and candidates contesting an election, and to all observers— a. where and by whom the ballot papers for the election have been or are being printed; Stakeholders, including ZESN, expressed concern over the design and layout of the Presidential ballot paper which did not conform to provisions of the Electoral Regulations of 2005 and Section 57(a)(1) of the Electoral Act, which states that candidates should appear in one column in 17 See <http://www.zesn.org.zw/wp-content/_protected/publications/publication_308.pdf > http://www.sundaymail.co.zw/zec-reveals-ballot-paper-stats/ 18 21 REPORT ON THE 30 JULY 2018 HARMONISED ELECTIONS ZESN