and procedures. This would speed up the process and reduce the scope for errors.
As the economy develops, the use of more advanced technology may also help. In
this spirit, an overall review of the procedures of the ZEC in the conduct of elections,
especially on Election Day, should aim to reduce complications and align its
prescriptions and practices with the constitutional stipulation in Section 156(a) that
‘whatever voting method is used, it is simple, accurate, verifiable, secure and
transparent’.
3. Eligibility, voter registration and candidacy
The Electoral Act stipulates in Section 133, entitled ‘Special penalty for politicallymotivated violence or intimidation’, that a person convicted of such an offence may
be prohibited, ‘for a period not exceeding five years from the date of the conviction,
of (a) being registered as a voter or of voting at an election; or (b) filling a public
office, other than a public office the tenure of which is regulated exclusively by or
in terms of the Constitution’. This stipulation is in contradiction with Section
67(3)(a) of Zimbabwe’s Constitution, which guarantees the fundamental right of
every Zimbabwean citizen of 18 years of age to vote in all elections. While the
limited duration of a disqualification from standing for election or holding office,
for strictly limited offences, proportionate to the offence and not exceeding five
years, is consistent with democratic norms, the disenfranchisement of citizens is not
consistent with the Constitution or applicable international standards. Accordingly,
an amendment of Section 133 of the Electoral Act should be considered.
4. The role of the judiciary
In the light of concerns expressed to the Group about the independence and
impartiality of justice and about the capacity of the courts to uphold the rule of law
speedily and fully, it is essential that the High Court and the Constitutional Court in
particular be assured adequate and secure funding. No party political allegiance
should play any part in the selection of the judiciary. Accordingly, consideration
should be given to the amendment of Section 180 of the Zimbabwe Constitution, to
stipulate these standards with regards to the selection of judges. In any event, we
draw attention to the provisions of Section 164 of the Constitution, which stipulates
the independence and impartiality of the judiciary in the performance of its
functions.
In so far as the effectiveness of available institutions in vindicating rights and
efficiently and speedily adjudicating disputes turns in part on the knowledge base
of those charged with dispensing justice, it is essential to ensure adequate training
on electoral law and practice (including comparative and best practice) for those
responsible, notably in the Electoral Court and the Constitutional Court. In this
respect, adequate funding should be assured. We note that the Judicial College Act
1999 was enacted to provide proper judicial training.
As regards the timeliness of decisions, election-related disputes should be dealt with
expeditiously, including by means of a fast-tracked procedure; in order to avoid
decisions being meaningless, such decisions may be delivered with reasons reserved.
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