10
Electoral system and processes
including voter registration and inspection, voter education, nomination and the Special
Vote. In particular, ZEC’s handling of the Special Vote on 14 and 15 July 2013 has come
under fire. The process was highly disorganised leading to political parties and civil
society doubting ZEC’s preparedness to conduct a harmonised election. The main
challenge of the Special Vote exercise was the late dispatching of ballot papers,33 and
slow pace of processing of voters. At a press briefing in Harare, the Deputy Chairperson
acknowledged this.34 The MDC-T also alleged that voting continued at a number of
centres on 16 July in violation of the Electoral Act which stated that voting must be done
16 days before the national poll.35
Commissioners, staff and agents are prohibited from divulging any confidential
information gained through the course and scope of their employment with ZEC.36 This
provision may be invoked by those aimed at discouraging commissioners and staff
members from disclosing irregularities in electoral processes or misconduct on the part
of ZEC.
2.4.2
Functions of ZEC
The functions of ZEC have evolved since the 2008 elections. In 2012, additional
functions and powers were introduced in electoral amendments.37 These include
undertaking, promoting research, developing expertise on use of technology and
promoting cooperation with government, civil society and political parties.38 ZEC also
has to provide the public with information on registration of voters; delimitation of
wards, location or boundaries; availability of voters’ roll and inspection of the roll;
details of political parties and candidates participating; voting and electoral processes.39
ZEC also has to recommend to Parliament appropriate ways to provide public financing
for political parties.40
In respect of some of its new functions, ZEC has taken full mandate and authority as
provided by the law. For instance, soon after Justice Makarau was sworn in as
Chairperson, there has been noticeable improvement in engagement by ZEC with stakeholders including with Civil Society Organisations (CSOs).41 ZEC has also kept the public
informed to some extent (although not satisfactorily) about some processes. Lists of
33 M Tafirenyika “ZEC not ready for elections: MDC” Daily News (17 July 2013) p 1.
34 See Press statement by the Deputy Chairperson of the Zimbabwe Electoral Commission, Mrs Joyce
Laetitia Kazembe, on Special Vote distributed on 14 July 2013 after a Press briefing at the Rainbow
Towers, Harare.
35 Section 81 of the Electoral Act; “Junta takes over polls: MDC T” Newsday (17 July 2013) p 1.
36 Section 11(2)(g) of the Electoral Act.
37 Section 5 of the Electoral Act, this section is in Part II as substituted by Statutory Instrument 4 Act 3 of
2012.
38 Section 5(a-c) of the Electoral Act.
39 Section 5(d)(i-vii) of the Electoral Act.
40 Section 5(e) of the Electoral Act.
41 Several meetings have been called with stakeholders such as CSOs, political parties, see Press release –
ZEC to hold briefing with Civil Society organisations and Faith based organisations; Programme of
briefing of the local observers on special and postal votes held on 13 July 2013 at the Rainbow Towers;
M Tafirenyika “Tsvangirai meets Makarau, Mudede” Daily News (7 June 2013) p 4.
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