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