Voter information and voter education prior to referendum
For voters to decide whether or not they will vote in favor of the draft new Constitution, they obviously need
to be aware of the contents of the draft. Simplified written materials encapsulating the essential features of
the draft should be circulated for scrutiny throughout the country. There is also need to ensure that the
coverage given by the media to the constitutional debate is fair and balanced. Civic organizations must be
allowed to circulate information to the public on the constitutional outreach program, the important aspects
of constitutional reform, and the voting process in the referendum.
Ballot papers and ballot boxes
Comments made above on disclosing the number of ballot papers printed for an election and to disclose
other such information, for example, the number of ballot-boxes issued to each polling station apply to the
referendum.
Regulatory powers of the Electoral Commission
The power of the Electoral Commission to make regulations in respect of the referendum should be more
limited and be made more specific and the regulations that they are still 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.
Zimbabweans outside country
The new Zimbabwean constitution should have a buy in from as many Zimbabweans as possible and
therefore Zimbabweans outside the country should be encouraged to vote in the referendum by facilitating
voting by them. There are strong arguments in favor of setting up a reliable, tamper proof system to allow
Zimbabwean citizens who are externally resident to vote in the referendum outside the country if they are
unable to return to the country to vote. It is also in violation of section 23A of Constitution not to establish
system to allow citizens outside to vote.
CONCLUSION
It remains to be seen whether the new Electoral Commission will be composed in such a manner that it
properly performs its duty of ensuring that elections are free and fair. If it is, then a lot of what has been
said above may fall into place. But ZESN should continue to push as hard as possible for the
implementation of reforms that will help to ensure that by-elections, the referendum and ultimately that the
next general election will be as free and fair as possible. there cannot be free and fair elections if political
participants treat elections as a form of mortal combat in which you can use any tactics whatsoever to
ensure victory.