that such a law would be unconstitutional and negate the voluntary nature of
political parties55. ZANU (PF) would be hard pressed to argue that it
supported the registration of political parties in good faith, in order to promote
transparency and democratic accountability to the public. Indeed its motive, at
least at that time, seemed to be the desire to control political parties and to
unduly restrict their right to freedom of association and existence as political
parties. On the other hand, while the MDC were justified to be fearful of such
intentions on the part of ZANU (PF), it was misleading on their part to suggest
that the registration of political parties is, per se, unconstitutional and a
negation of the right to freedom of association.
In the light of the mistrust and, at times, acrimony between political parties in
Zimbabwe, even with the advent of the Inclusive Government involving the
MDC and ZANU (PF), it is perhaps advisable that for now the issue whether
or not political parties must be registered and otherwise regulated must be
held in abeyance. The Consultant therefore does not support the
recommendation by Masunungure that a ‘strictly impartial and inclusive body
comprising of public-spirited citizens who have no partisan affiliations’ must be
created to register political parties and that no political party may participate in
an election unless it is registered as a political party56. The environment
currently prevailing in Zimbabwe does not allow for an ‘impartial’ body
comprising ‘public-spirited’ citizens.
4.4. Threshold to Access Public Funding by Political Parties
In United Parties v Minister of Justice, Legal and Parliamentary Affairs and
Others, supra, the Supreme Court took the view, in relation to the threshold or
formula used to allocate State funding to political parties, that the formula
adopted to allocate State funding to political parties would determine whether
the goals discussed in part 2 above would be achieved or not57. Certain
formulae would do no more than entrench and re-enforce the regime of the
major political parties, and sideline their minor or new opponents58.
It is generally believed that large political parties gain their support partly
because they have the resources to influence public opinion. Therefore a
formula which gives the large political parties more money than the smaller or
55
Ibid.
Ibid, p.5 and p.28. It makes no difference that Masunungure proposes, however, that
parties that do not wish to participate in elections and therefore to be considered for public
funding should not be compelled to register.
57
The goals referred to here, which we have previously discussed, are to ensure equality of
opportunity in a liberal democracy characterized by inequalities in the distribution of wealth; to
make enough money available for competitive campaigns to occur; to allow new entrants,
while not encouraging frivolous candidates or propping up decaying political organizations; to
reduce the possibility for undue influence; and to prevent corruption.
58
Refer to pp.267-269 of the judgment.
56
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