Zimbabwe Human Rights NGO Forum Report — Of Stuffed ballots and Empty Stomachs by computer analysis. The MDC’s failed legal action to get the Registrar-General to release the roll in electronic form was well publicized, and as a judge, Chiweshe could not possibly have been unaware of this. The new Electoral Act only makes reference to a printed copy of the roll.27 The lack of access by opposition parties to an electronic copy of the roll obviously obstructs the carrying out of an audit of the roll by them. Postal Votes While the Zimbabwean Government was steadfast in its refusal to allow postal votes for Zimbabweans “in the Diaspora”, estimated to number well over two million,28 it retained the provisions allowing postal votes for those in the “disciplined forces”. Indeed, procedural rules were relaxed slightly to ensure that members of the disciplined forces cast postal votes.29 The new Electoral Act seems to been drafted with this in mind. When it became apparent that many in the police and defence forces had cast postal votes well in advance of the election, the opposition reacted with suspicion and immediately complained about the process, some citing a lack of transparency and the fact that no one had observed the process. 30 Few consulted the Electoral Act to see what the process ought to have been. Given the suspicion that arose, it is worth examining the process in some detail. Voting by post is dealt with in Part XIV of the Electoral Act. Of importance for these purposes is how these provisions apply to the disciplined forces – any branch of the defence forces and the police.31 The Act allows any member of the disciplined forces who believes that he or she will be on duty at the time of polling, or out of his or her constituency, to cast a postal vote. The spouses of such persons are also entitled to cast postal votes. Most importantly, the new Electoral Act introduces a provision that allows members of the disciplined forces to apply to the Chief Elections Officer for postal votes through their Commanding Officers. The applications must be made 10 days before polling.32 They must be signed by the applicant in front of a “competent witness” who is satisfied as to the signatory’s identity and must be accompanied by a voter registration certificate or proof of identity. The competent witness is also required to sign the application and must be satisfied as to the applicant’s identity. The Chief Elections Officer, on receipt of these applications, numbers them consecutively and holds them available for inspection by the public until the declaration of the results of the poll. 26 27 28 29 30 31 32 The Herald 24/03/05. Most probably, deliberately - see Section 24. Zimbabwe's ZANU-PF Overturns "One Man, One Vote" Diaspora to Participate in Mock Election Sokwanele Report : 26 March 2005 See immediately below. Zimbabwe Financial Gazette 24/03/05. See definition of “disciplined force” in s 4 of Electoral Act. The previous Act stipulated noon the day before polling. 11

Select target paragraph3