Zimbabwe Human Rights NGO Forum Report — Of Stuffed ballots and Empty Stomachs
carry out its work effectively. Voter registration was already completed 21 and little time was
left for ZEC to conduct voter education or to authorize others to carry out this important task.
A key figure in the election process is the Chief Elections Officer. All other personnel
administering the actual voting process are subject to his supervision. He also plays a pivotal
roll in postal voting. The Chief Elections Officer is appointed by ZEC 22. All election personnel
are ultimately answerable to ZEC23 but under the immediate authority of the Chief Elections
Officer. The ZEC Act does not stipulate the qualifications for these personnel. However,
section 17 of the Electoral Act provides that, at the request of ZEC, the Chairpersons of the
Service Commissions must second such persons in the employment of the State to be
constituency elections officers, deputy constituency elections officers, assistant constituency
elections officers and polling officers as may be necessary to perform the functions of ZEC
during an election. ZEC does not appear to be obliged to make such a request, but dutifully did
so for purposes of the March 31st elections. Accordingly, the Chairpersons of the Service
Commissions selected all key personnel in the voting process. The “Service Commissions” are
the Defence Forces Service Commission, the Police Service Commission, the Prison Service
Commission and the Public Service Commission. The Chairpersons of all these Commissions
and their members are Presidential appointees.24 In this way loyalty to the ruling party of all
the administrative personnel for the elections was assured. Although section 4(2) of the ZEC
Act states that ZEC must not be subject to the direction or control of any person or authority,
the Minister of Justice, Legal and Parliamentary Affairs, has considerable power over the
Commission, including the power to scrutinize its proceedings, call meetings of ZEC and veto
the dismissal of the Chief Elections Officer by ZEC.25
The partisan manner in which ZEC would work in practice was graphically indicated one week
prior to the poll. Justice Chiweshe was asked what he intended to do about the notorious
inaccuracy of the voters roll. Compiled by self-proclaimed ZANU(PF) supporter RegistrarGeneral Tobaiwa Mudede, the roll contains the names of many people who have died and
numerous duplications, lists people who ought not to be registered and omits many who ought
to be. Chiweshe’s response was that the opposition had not indicated what could be done about
the roll or how it could be properly audited.26 The best that can be said of this statement is that
it is disingenuous. Since the roll is computerized, the obvious method of conducting an audit is
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Technically, voter registration ended on the 4/02/05 though the Registrar General quietly continued the process in
ZANU(PF) strongholds, later claiming that those registered after the cut off date would not be allowed to vote - see
ZESN Report on Zimbabwe’s 2005 General Election .
In terms of section 7 of the ZEC Act.
Section 17(2) of the Electoral Act.
Sections 74, 94, 97 and 100 of the Constitution of Zimbabwe.
Section 7.
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