Furthermore, the recently published list of polling stations contains no addresses
or directions which will enable observers to locate them with any ease. The
possibility therefore exists that key polling stations may be without polling agents.
Throughout the voting process, as with previous elections, the Registrar-General
ensures that each polling station maintains telephone contact with a
Government-staffed command centre in Harare, now called the National
Logistics Committee, which monitors the progress of the voting. These effective
lines of communication allow the Registrar-General to take remedial action
should any “problems” arise in voting. As a result he should not find the fact that
voting is confined to one day too onerous. It is also worth noting in this regard
that polling agents are being required to sign a document that they will not
publish the results of the vote at any polling station until the result has been
announced at constituency level. This is in direct contradiction of section 64(2) of
the Electoral Act which specifically requires the results of the vote at each polling
station to be posted at that station after the count.
From the above, it should be clear that despite recent electoral reforms, the
conditions exist for an election that is not “fair”.
f)Impartial Supervision
In a democratic society, to ensure a free and fair election, all these processes,
that is, delimitation, the registration of voters and the voters’ roll should be
subject to scrutiny by an independent body. Indeed the SADC Guidelines provide
as much. Unfortunately, this not the case in Zimbabwe. One is unable to agree
with the South African President in his claims that such a body exists in the form
of the new Electoral Commission 28 . Firstly, the method of appointment of
members of the Commission does not ensure that the Commission will be
composed in a way that is in conformity with the SADC Guidelines. 29 President
Mugabe appoints all five Commissioners. He appoints the chairperson after
consultation with (not on the recommendation of) the Judicial Service
Commission. This leaves the President with virtually unfettered power to appoint
whomever he wants as chairperson of the Commission. The other four
Commissioners are appointed by the President from a list of nominees submitted
by a parliamentary standing committee that is dominated by members of the
ruling party. Since Government appointees dominate the Judicial Service
Commission and members of the ruling political party dominate the parliamentary
standing Committee, it is not surprising that the resultant committee is comprised
of ruling party supporters and, even more tellingly, is headed by Justice
27
There are three times more stations in the rural areas than in the urban areas.
“I don’t know what has happened in Zimbabwe that is in violation of the Sadc protocol, because as I
know things like the independent electoral commission, things like access to the public media, things like
the absence of violence and intimidation, those matters have been addressed,” Mbeki quoted at
http://www.theindependent.co.zw/news/2005/March/Friday11/analysis.html
29 Paragraph 7.3.
28
11