12 Electoral system and processes functions and to be properly resourced in terms of human personnel and financial resources (financial autonomy) in order to carry out its functions effectively. The new Constitution now explicitly states that ZEC is an independent commission;45 however the reality in terms of the politicisation of the appointment process, allegiance to the appointing authority, the overbearing role and influence of the Minister of Justice & Legal Affairs in their operations, and the inadequate resourcing detract from the legislative protective provisions for independence. Most egregiously, the Minister continues to have power to veto any regulations made by ZEC, seriously compromising its independence.46 This is despite the fact that the Minister is also a candidate and interested party in the elections.ZEC also lacks total financial autonomy. Any donations or grants, whether from local or foreign donors have to be approved by the Minister.47 Over the last year, ZEC appears to have been the proverbial grass that suffers when two elephants fight. There have been accusations and counter-accusations from the Minister of Finance and the Minister of Justice & Legal Affairs on poll funding and actual sources. The Minister of Finance has sought to secure funds from the United Nations and various SADC countries, whilst the Minister of Justice has refused to accept such funding.48 ZEC’s business and resourcing should be completely transparent to ensure that the electoral process is not distorted or manipulated at any time. Ascertaining the budget of ZEC in the past has proved difficult since Commissioners are sworn to secrecy, and there is no clarity on exactly how much is needed to run an efficient election. The law remains silent on whether Parliament has to approve the whole budget of ZEC other than that derived from the Consolidated Revenue Fund, and Parliament has had no role in, or oversight relating to the budgeting and accounting for elections. These raise serious questions about the ability of ZEC to properly resource and carry out the election, and to whom they pay allegiance for donations received for their operations. 2.5 Custody and maintenance of the voters’ roll In terms of the new Constitution ZEC, rather than the R-G, Tobaiwa Tonneth Mudede, is now responsible for custody and maintenance of the voters’ roll.49 ZEC is supposed to direct and control the registration of voters and compile the voters’ roll.50 The Constitution and the electoral laws do not clearly demarcate the functions of ZEC and the R-G in relation to voter registration, and this appears to have been abused in the current exercise. While ZEC must “keep and maintain” the roll, the function of 45 Section 235(1-3) of the Constitution of Zimbabwe Amendment (No 20). 46 See section 192(6) of the Electoral Act. 47 Section 12(1)(e) of the Electoral Act ; as late as 28 June it was being reported that there were serious funding gaps. See B Chitemba et al “Elections funding dilemma persists as nomination court sits today” Zimbabwe Independent (28 June–4 July 2013) p 1. 48 W Masvingise “Chinamasa scuttles poll funding” Newsday (19 July 2013) p 1. 49 Section 239(c-e) of the Constitution of Zimbabwe Amendment (No 20). 50 Section 6(2) of the Sixth Schedule of the Constitution of Zimbabwe Amendment (No 20). Section 239(ce) of the Constitution of Zimbabwe Amendment (No 20).

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