Diaspora Vote
It is not practically possible to allow people who are outside the country to cast ballots in by-elections. Apart
from logistical difficulties, it is difficult to see on what basis such persons could be allocated to
constituencies, except by providing that they are deemed to be registered in the constituencies in which
they were last resident.
Critical Importance of Media Coverage
Ideally the whole media arena should be opened up so that there can be media diversity in both print and
broadcasting prior to by-elections. The ZBC should also be transformed from a highly partisan broadcaster
into a genuinely public broadcaster that will cover elections on a fair and balanced basis. The repressive
media laws that exist currently must be completely overhauled. In the meantime the Electoral Commission
must use the legal powers already incorporated into the Electoral Act to ensure fair coverage of elections
and avoidance of hate speech. The Electoral Commission must be pro-active in monitoring the media and
ensuring that they abide by the legislation in the lead up to the various by-elections that are due to take
place. This should be done in conjunction with the Zimbabwe Media Commission established under
Constitutional Amendment No 19.
Regulatory Powers of the Electoral Commission
The regulatory powers of the Electoral Commission in respect of elections should be more limited and
specific. The regulations that ZEC is empowered to make should not be subject to approval by the Justice
Minister. The President should not be able to use the Presidential Powers (Temporary Measures) Act to
change any of the electoral rules.
Police Presence
Police must not be deployed inside polling stations. Voters in need of assistance should be helped by
relative or friend. Police officers should not be present.
PRIORITY AREAS ON THE CONSTITUTIONAL REFERENDUM
In this section ZESN prioritizes critical reforms that should be made before the holding of a referendum in
order to ensure that the referendum is perceived to be free and fair and that the published result accurately
reflects the electoral will of the people of Zimbabwe. Certain changes to the Referendums Act will also be
made.
The Constitutional Reform Programme
Article 6 of the Global Political Agreement provides the process and timetable for the drawing up of a draft
new Constitution for Zimbabwe and the submission of the Constitution to a referendum at which
Zimbabweans voters will decide whether to approve or not approve this draft.
Role and Functions of Parliament on draft Constitution
Before the referendum is held the draft must first be submitted to the Second All Stakeholders Conference
where the draft will be debated and decisions made on whether the draft properly reflects what the people
said they wanted in the Constitution during the outreach program. Thereafter the draft Constitution and
accompanying Report is to be debated within Parliament for up to one month. However, it is not clear what
Parliament’s role and functions are when it debates the draft Constitution. Will the Parliament be at liberty
to amend the provisions of the draft or will it simply debate whether the draft reflects what is contained in