X. Flaws in the Electoral Process in the Run Up to March Elections Performance of the Zimbabwe Electoral Commission The ZEC is the body that oversees general elections in Zimbabwe. It directs and controls the registration of voters, compiles the voters’ roll, and keeps the public informed of other electoral issues such as the delimitation of constituencies. The Electoral Laws Amendment Act of 2007 widened the responsibilities of the commission: the responsibilities for delimiting wards and constituencies, and of keeping the voter’s roll, are new, as is the function of accrediting observers.104 Despite these greater responsibilities, the commission was given little time—about three months—to prepare for the March 2008 polls including implementing its new responsibilities, and is under-resourced.105 The ZEC is composed of a chairman who under the Constitution of Zimbabwe must be a judge of the high court, and six other members who are appointed by the president from a list of nine nominations.106 According to the Zimbabwe Electoral Commission Act, the commission also “endeavors to establish such provincial and district offices as will enable it to exercise its functions more efficiently throughout Zimbabwe.”107 Commission composition issues The ZEC has faced controversy since its formation in 2005, with charges that it is biased toward ZANU-PF and dominated by ZANU-PF sympathizers.108 In its report on the 2005 parliamentary elections, Human Rights Watch expressed serious concerns about the independence and impartiality of the commission.109 Human Rights Watch questioned the composition of the commission and detailed how there were no 104 As amended in Section 61 of the Constitution of Zimbabwe, 1979. 105 ZESN, “Pre-election Update No.3,” January 22 to February 6, 2008. 106 Section 61, Constitution of Zimbabwe, 1979. 107 Clause 7, Zimbabwe Electoral Commission Act 2004. 108 Human Rights Watch, Not a Level Playing Field. 109 Ibid. All Over Again 36

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