Zimbabwe – Ready for Elections? 31 even in areas that have been termed as inaccessible in previous elections.156 In the event of failure to provide wide publicity of wards, many people will not be able to vote, as this is restricted to the ward where one is registered. 2.17.4 Challenges for voters whose names do not appear on the voters’ roll In cases where the name of an individual does not appear on the ward voter’s roll, production of a voter’s registration certificate and identity document will suffice.157 Polling officers need to be properly briefed in this regard so that they do not disenfranchise those who may have registered but do not appear on the voters’ roll, especially in light of the late finalisation of the voters’ roll. This will apply particularly to first-time voters and so-called “aliens” whose status has since been rectified according to the Constitution. The case of married women whose names may have been changed unilaterally by the R-G also has to be addressed. Widespread adverts advising women with registered marriages to carry a certified copy of their marriage certificate as well as Identity documents will suffice. The ZEC will also have to properly brief its polling officers on this. 2.17.5 Presence of police in polling stations Police officers should not be allowed into the polling station unless they are called in by the presiding officer in instances when there is an assisted voter, who does not have a person of their choice to assist them. 158 This provision however undermines the order of the Supreme Court in the case of Kuchera & Ors v The President of the Republic of Zimbabwe & Ors.159 The role of the police must be restricted to maintaining order outside polling stations. 2.17.6 Counting of votes and posting of results The law is clear that votes cast must be counted at the polling station where they have been cast, and that the presiding officer must record them on a voting return sheet and post them outside the polling station, accessible to the general public before sending them to the constituency elections officer.160 This procedure has to be done in the presence of the candidates and their agents. This will certainly go some way towards ensuring transparency in the counting process, so long as candidates and political 156 K Phiri (n 77 above); ZLHR has received sporadic reports from the public and its members as they are not aware of their wards to date and some were moved from one polling station to another attempting unsuccessfully to access the voter’s roll. 157 Section 56(1)(a)of the Electoral Act as amended; The problem of allowing one to vote when the name does not appear on the ward voter’s roll when one shows a voter registration certificate or identity document and proof of residence is the fact that forms of proof of residence have not been expressly highlighted. In the absence of utility bills according to section 4 on interpretation of the Electoral Act as amended one can produce any other form of documentary evidence. This is vague and can be open to manipulation. 158 Section 59(1) of the Electoral Act. 159 Supreme Court unreported case 106/08. 160 Section 64(1)(e) of the Electoral Act, as amended.

Select target paragraph3

Add to table of contents