should be a stand alone budget to be administered and accounted for
to Parliament by the independent body.
VIII. The law appears to be silent on the use of State resources by political
parties for party business and running election campaigns. We have
noted above how ZANU (PF) has with impunity, in fact as if it is a
‘birthright’, used State resources to support its activities and for political
campaigns. The law must clearly prohibit the use of State resources for
party business by political parties, whether they are in government or
not. A clear line must be drawn between ministers’ responsibilities and
duties as members of government and their responsibilities and duties
as members of their own parties. The two functions should not be
confused or be intertwined. In particular, no government ministry
should operate from a building belonging to a political party. Equally,
no political party should conduct its business in a government or other
public owned building. There must be serious penalties for breaches,
including reparations. Access to the public media must be in
accordance with the SADC Principles and Guidelines Governing
Democratic Elections, which must be domesticated.
IX. It is recommended that the prohibition of donations by non resident
Zimbabweans to political parties should be reviewed by stakeholders.
The prohibition sounds so unreasonable that if there are no other
reasons, other than selfish ones, the law must be amended to allow all
Zimbabweans, wherever they are resident, to make donations to
political parties. As a way forward, and to facilitate consultations with
stakeholders, the law must be amended as suggested.
X. Lastly, it may be necessary to review of the current threshold for
qualification for public funding by stakeholders. It has already been
noted above that the current threshold for accessing public funding in
Zimbabwe only benefits the MDC and ZANU (PF) and excludes smaller
political parties, though this would change if the recommendations in
paragraph II are adopted. However, such a review must bear in mind
the caution by the Supreme Court in United Parties v Minister of
Justice, Legal and Parliamentary Affairs and Others, supra, that it is
justifiable to place a reasonable limitation upon the payment of State
funds to political parties in order to encourage serious political
contenders while at the same time discouraging ‘trifling’ parties from
been formed merely to access public funding. At the same time, the
legislature must take cognisance of the rider which the Court added:
that unless funding is provided in a manner that is non-exclusionary
and tolerant of political pluralism and electoral competition it will do no
more than entrench major political parties and treat far less fairly minor
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