I n s t i t u t e fo r j us t i ce a n d r eco n ci l iat i o n a fr i c a pr o g r a m m e
All-Stakeholders Conference and then table it in parliament for debate within the following
month. Furthermore, a referendum on the new draft constitution should be held within three
months of the conclusion of the parliamentary debate. Indications are that the constitutional
referendum will be held after August 2012.
However, at its December 2011 national conference ZANU-PF declared 2012 an election
year, with or without a new constitution. The party is keen to terminate the life of the inclusive
government – both President Mugabe and Prime Minister Tsvangirai concede that it has
become dysfunctional (The Sunday Mail 2012). The two MDC formations however remain
adamant that elections should only be staged after the adoption of the new constitution and
the completion of wider democratic reforms.
Although a new constitution is a significant precondition for free and fair elections, it is
important to recognise that constitution-drafting is also part of a broader democratic reform
process.
Measures to prevent election-related violence
Against the backdrop of the election violence that took place in 2000, 2002, 2005 and 2008,
it is imperative that the tabling of a series of electoral reforms be completed to prevent
political violence from recurring. These reforms include a requirement that the national
police commissioner appoint a senior police officer for each province who, in consultation
with the Human Rights Commission, will be responsible setting up special police units to
expeditiously investigate cases of politically motivated violence. These police officers should
be assisted by provincial committees, including representatives of the political parties
contesting the election, and chaired by a representative of the Human Rights Commission.
Special prosecutors and magistrates’ courts dedicated to dealing with such cases, must also
be established. However, for these measures to work, professional interventions by politically
impartial law enforcement agencies are necessary.
Establishing credible electoral systems
To its credit, the inclusive government appointed a new Zimbabwe Electoral Commission
(ZEC) in March 2010 in an effort to reduce political tension in the country. The ZEC was
first established in 2005 to address long-standing concerns about the fact that the registrargeneral was responsible for almost all election-related processes, including voter registration,
the provision of electoral staff, the declaration of results and even for custody of election
materials (ZESN 2002). Ideally the ZEC’s commissioners and secretariat should fairly
represent a wide cross section of Zimbabwean citizens and all of the main political parties.
However, the 2010 reshuffle did not change the composition of the ZEC’s secretariat, the staff
of which (at the time of writing) still included ex-army officers sympathetic to ZANU-PF. It
is critical that Zimbabwe build an effective and professional electoral commission if it is to
establish democratic, competent and credible electoral systems.
The scope of the ZEC’s role should also be clearly enunciated. It can either focus narrowly
upon the efficient management of elections, or more broadly on the entire election process
and its surrounding environment. As of mid-2012, the ZEC remains drastically undercapacitated and would struggle to properly organise an election at short notice. Meanwhile,
the voters’ roll that was first drawn up in 1985 is in a shambles, with a large proportion of
‘ghost voters’ (people who have died or left the country and no longer qualify to vote) (ZESN
2008).
In February 2012, the ZEC met with the registrar-general, Tobaiwa Mudede, to discuss
the compilation of an accurate, credible voters’ roll – a fundamental pre-requisite for a free
and fair election. In addition, the ZEC, which is supposed to be independent from executive
directions, has proposed that the country’s existing electoral law gives it authority to
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