ZIMBABWE: PARLIAMENTARY ELECTIONS - 2005
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The ESC also accredits the observers and liaises with the observer organisations. The
ESC has, however, not had a direct role in organising the voters’ rolls or the polls; this
has been carried out by the election administration and the Registrar General.
As a response to the SADC Standards, a new independent election commission – the
Zimbabwe Electoral Commission (ZEC) - was established in accordance with a new law
early in 2005.
MDC raised objections to the law because it gives the ZEC full control of all voter
education in the country. All other organisations could only perform voter education if
the ZEC had first approved the training material. In addition, doubts have been raised
about the manner of appointing the Chairperson.
Even though the ZEC has been given the formal authority over the full process including
the voter registration, they started their work late and had few possibilities for fully
taking charge of the electoral process.
The new election law also introduced an Electoral Court. The Chief Justice appoints the
judges of the Electoral Court, after consultation with the Judge President. Elections
petitions are to be raised with this court (except for criminal cases) and the rulings on the
facts are final, whereas the application of the law may be appealed all the way to the
Supreme Court. In such cases, the Supreme Court must issue a final judgement within
six months of the appeal. One of the advantages of the new system is that election
petitions may be processed more quickly than previously. The practice of the court has
yet to be proven in full.
The Pre-election Phases
The Freedom of Association
The Public Order and Security Act gives the authorities full control of all public
meetings and rallies. The law was frequently used to suppress meetings in 2002. Even
though MDC in 2005 received fewer permits to hold rallies than did ZANU PF, the
situation was somewhat easier than in 2002.
However, the police would still make their approval of a meeting contingent upon a
police presence at the meeting. This is a serious hindrance to the opposition, with regard
to working in areas controlled by the governing party. People would be afraid of
showing up and freely expressing criticism, and this implies that there was not freedom
of opinion and expression in the country. According to the SADC Standards the
following is a responsibility of the member state, (to):