constituency.1 Due to lack of adequate evidence, he failed to prove how boundaries
had been redrawn to incorporate some voters from a farming community that fell
under another constituency. Opposition political parties have also not prioritised
advocating for reform measures to be implemented in electoral boundary
determination, as a pre-requisite for participation in elections.
Before the 2013 Constitution came into force, there were a number of problems
with delimitation of boundaries. Firstly, the independence of the Delimitation
Commission responsible for this process was questionable. All the members of the
Delimitation Commission were appointed by the President, who was also an
interested party and candidate in the pending elections.
There were also a
multiplicity of election bodies that had a role to play in delimitation, and a number
of government departments directly or indirectly involved in the process. The
Delimitation Commission relied on the Electoral Supervisory Commission, and the
Registrar General’s office for information to conclude its work. The frequency of
the delimitation exercise as provided in the law was a five-year interval,2 which was
not adhered to. Generally there was no access to relevant information and maps for
stakeholders. Indeed the whole process was not transparent or accessible to
interested stakeholders.
Another recurrent challenge, though not directly linked to the authority responsible
for delimiting boundaries, has been the phenomenon of forced evictions of large
numbers of people before or after elections. Forced rural-urban migration has also
occurred as a result of pre-election violence or economic challenges – resulting in
the electorate moving to different constituencies. In other instances, there has been
increased cross border migration to neighbouring countries such as Botswana and
South Africa.
In 2000, delimitation was done well after the five-year interval set in terms of
section 59(4) of the Constitution. The delimitation exercise was predicated on the
number of registered voters at the time, including those who were on the
supplementary voters roll. This voters’ roll was not provided on time hence the
1
2
See Jameson Timba v Jason Passade Unreported Electoral Court judgment 74/2014
Section 60 (8) of the Constitution.
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