confirming residence. This provision, as presently formulated, seem not to still address initial
concerns raised by ZESN relating to the potential disenfranchisement of potential voters based
on registration requirements.
The regulations however seem to shut the door on the diaspora vote as a person outside the
country would need to return and physically present themselves before a voter registration
officer in order to appear on the voters’ roll. It is ZESN’s view that the Constitution envisages the
Diaspora vote and accordingly the regulations must create a framework for the voter registration
of those outside the country and not necessarily working for government.
Section 6
The previous section 6 in the draft
regulations has been largely
replaced and reworded by the
section 6 of these regulations. The
section now states that that, for
the purposes of voter registration,
every provincial and district office
of the Commission shall be a
registration office.
A number of issues that were captured in the draft regulations have been done away with. Of
particular note, was provision that related to the framework and structure of the polling stations
and polling areas. The spirit of the provision was to give effect to the new system of polling
station based voting. Section 6 of the draft regulations specifically provided for the setting up of
a polling station that would cater for a maximum number of 1500 persons who would constitute
the polling area. ZESN had observed that this provision was, in principle a good one. It however
recommended that the maximum threshold of number of voters to be serviced by the polling
station be one thousand, in accordance with regional and international standards.
The promulgated regulations have removed any reference to this issue. This is of serious concern
as the issue of setting up of polling stations in a particular polling area is critical to the holding of
free and fair elections. It needs to be well addressed by the regulations to give clarity and
direction to all interested stakeholders. ZESN recommends that ZEC revisits this issue in the
regulations and specifically provided for it.
The concept of polling streams which ZESN had raised concern has been removed as
recommended by ZESN.
The error in drafting- the repetition of Section 6(2) in the draft regulations - has been corrected
as suggested by ZESN.
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