that day in the absence of a legal instrument to support the process. If anything, this goes
to show the haphazard nature in which the amendments to the Electoral Act have been
effected in the past-a concern which has been previously raised by ZESN.
Clause 5
Recommendation
There seems to be a need for specific provisions in the Electoral Act that set out the legal
parameters of BVR system. In its current formulation the Electoral Act does not envisage an
entirely new form of registration system such as the BVR system.
This amendment deals with one of the most contentious issues raised in previous elections
relating to the use of the voters’ registration slips by voters whose names were not
appearing on the voters’ roll on election day despite having registered to vote. The
acceptance of the voters’ slip was an implicit acceptance by the electoral body that the
voters’ roll was not in order as many people who had registered were missing from the
voters’ roll and ended up voting using the voter’s slip on election day, as evidenced by the
2013 national election.
This clause proposes to
repeal the provision to
section 56(I)(a) of the
Electoral Act that entitles
a person whose name
does not appear on the
voters’ roll to vote upon
production of a voter’s
registration
certificate The extremely high number of voters’ slips seen in the 2013 election raised controversy and
(voters slip)
suspicions that persons disentitled to vote took advantage and abused the facility to
repeatedly vote thereby affecting the credibility of the election. ZESN has previously raised
concerns on the use of registration slips especially in subsequent by-elections held after the
2013 elections.
The proposed amendment is therefore welcome. It is consistent with constitutional
provisions enshrined in section 155. However, the proposed amendment may still retain to
haunt future processes, in the absence of a clean and comprehensive voters’ roll that
accurately captures names of all eligible voters. Every previous election has been
6|Page
AN ANALYSIS OF THE ELECTORAL AMENDMENT BILL ©ZESN 2017