adequate restrictions preventing high-ranking political party officeholders from
being appointed as commissioners. The independence and impartiality of ZEC was
questioned by human rights organizations and the nongovernmental Zimbabwe
Electoral Support Network early on in the 2008 election voter registration process.110
In September 2007 the Constitutional Amendment Act No. 18 legislated for changes
to the composition of the commission to be put in place before the 2008 elections.111
However, despite those amendments the impartiality and independence of the
electoral commission is undermined by some of the provisions of the electoral laws
that do not meet SADC standards that there be “impartiality of the electoral
institutions.”112 For example, the state president continues to exercise too much
control over the composition of the commission, there is excessive ministerial
intervention, and there are inadequate safeguards to prevent partisanship on the
part of commissioners.
The Electoral Laws Amendment Act prohibits the secondment of military and civil
servants and all other uniformed forces to ZEC and calls for the commission to have
its own employees as opposed to military officers temporarily brought in from the
army.113 However, the proposed overhauls came too late in the day to have a
significant impact on ZEC and the election preparations, particularly the voter
registration process. For example, there were no significant changes to the personnel
and staff of the commission, in particular former or serving military officials. The
chairman of ZEC, Justice George Chiweshe, is a former military officer, and was also
head of the commission during Zimbabwe’s flawed 2005 elections.114 The opposition
also informed Human Rights Watch that the official in charge of the ZEC in
Manicaland province was a sitting military officer.115
110
Human Rights Watch interview with Noel Kututwa, February 7, 2008.
111
Constitutional Amendment Act No. 18, 2007.
112
SADC Principles and Guidelines, section 2.1.7.
113
Before amendments to the Electoral Act, the ZEC could require the chairpersons of commissions in charge of the public
service and the uniformed services—the prison services, the defense services and the police service—to second their
employees to serve under the control and direction of the ZEC as constituency election officers and polling officers.
114
Human Rights Watch, Not a Level Playing Field.
115
Human Rights Watch interview with Nelson Chamisa, February 21, 2008.
37
Human Rights Watch March 2008
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