ZESN continues to be alarmed by the unusually high number of people that request
assistance when intending to cast their vote. ZESN urges the Commission to develop
inexpensive mechanisms to document the literacy levels of voters when they register to
vote. This will enable the Commission to gather the required statistics which can enable the
Commission to develop voter education material that meets the unique needs of this
category of voters. Consequently the number of assisted voters will be reduced and the
provision for assisted voters will hopefully be insulated from abuse. ZEC should also share
the disaggregated statistics of assisted voters to allow for a clear distinction between
illiterate voters and visually impaired voters and other categories of special needs groups.
9. ELECTION PETITIONS
Electoral petitions are part of the electoral justice landscape in Zimbabwe. The Electoral
Court was established in terms of Electoral Act Chapter 2:13, 161 (as amended), and has
exclusive jurisdiction to hear appeals, applications and petitions in terms of this Act; and to
review any decision of ZEC or any other person made or purporting to have been made
under this Act. The Court’s mandate covers a wide range of potential cases, from voter
registration disputes to election petitions by unsuccessful candidates.
The Judicial Service Commission (JSC) in February 2015 announced the appointment of four
High Court judges (Justices Chinembiri Bhunu, Tendai Uchena, Andrew Mutema and Martin
Makonese) as judges of the Electoral Court. The appointments are for the six-month period
16th February until 15th August 2015. ZESN, however, notes that the Electoral Court Judges
have been sitting unconstitutionally because section 183 of the Constitution does not
permit the appointment of Judges to sit on more than one court.
In addition, there is need to regularise the potential conflict of interest that may arise if the
Chairperson of ZEC remains the Secretary of the Judicial Services Commission.
In Zimbabwe there are a number of institutions that play significant roles in facilitating the
effectiveness of our electoral justice system. The institutions include, but are not limited to,
ZEC, The Zimbabwe Human Rights Commission (ZHRC), Electoral Courts and the Zimbabwe
Republic Police (ZRP). During the Mudzi by-election these institutions played a very
minimum role with the exception of the police which provided security for the elections.
This can be attributed to the fact that the Mudzi West by-election was poorly contested.
10. ELECTION DAY OBSERVATIONS
The Network deployed 11 short term observers for the by-election comprising static
observers based at some of the ward and constituency collation centres. In addition, two
teams of mobile observers were deployed. ZESN’s observation efforts conform to the
Electoral Laws of Zimbabwe and the report is informed by ZESN observer’s findings.
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