BALLOT
News
X
Issue No. 2
September 2007
From page 14
Further, the criteria for delimitation are not
clear. Whilst the Bill provides for the DC to
give consideration to physical features,
means of communication, the geographical
distribution of voters and existing electoral
boundaries, universal standards for
delimitation have not been listed as
requirements. It needs to be representative,
allow participation of stakeholders, allow for
equal voting strengths, and be accurate to
enhance independence and impartiality of the
process.
The Composition of the House
of Assembly and the Senate
The Bill proposes to increase the number of
Senatorial constituencies from 66 to 84. Only
50 will be popularly elected, while 18 chiefs,
10 provincial governors and 6 presidential
appointees will make up the numbers. None
of these 34 can be said to be representative of
the will of the people. The House of Assembly
will increase from 120 elected members to
200, with an additional 10 seats for
presidential appointees.
As noted before, in principle there would not
be much argument against increasing the
numbers of members of Parliament where
they are directly elected by the voters, as this
would ensure greater representation for, and
better access to, constituents. However,
Zimbabwe's economy is in freefall; state
institutions, including Parliament, are already
grossly under-resourced which impacts on
service delivery. For this reason alone
Zimbabweans can ill afford a further bloated
institution, which places additional, strain on
the overburdened taxpayer. Further,
presidential appointees have no business in
Parliament. The executive should not be able
to appoint any members of the legislature
whatsoever, as this has a negative impact on
the separation of powers. Even chiefs, who
have a legitimate role to play, should be
outside the legislature and form an advisory
council. If the intention is to improve
representation of traditionally marginalized
groups such as women, the disabled and the
elderly, amongst others, then this should have
Dr. Lovemore Madhuku addressing a ZESN public meeting on Constitutional
Amendment 18
been clearly provided for in the Bill, but should
still have been subjected to the democratic
process. As such, it can only be assumed that
the numbers have been increased as a
means of further extending patronage to
more supporters of the ruling party.
Choosing Our President For Us
The proposed amendment to the
Constitution, which will have the most drastic
consequences for the rights of voters, comes
in Clauses 2 and 3 of the Bill. What these
clauses give with one hand - a reduction of the
presidential term of office from 6 to 5 years they remove with the other. Whilst voters will
have the opportunity of voting for a president
in an election, their power is immediately
diminished as this elected individual, if s/he
dies, resigns, or is removed from office, can
be replaced with another individual “elected”
not by voters, but by a simple majority of all
members of the Senate and the House of
Assembly (including presidential appointees
who will number 44 out of a total of 148), and
will remain in office for the remainder of the
original term.
This clearly contravenes numerous regional
and international human rights treaties to
which Zimbabwe is a state party, and which
15
safeguard the fundamental right of an
individual to participate freely in the
government of his/her country, either directly
or through freely chosen representatives and
which require full participation of the citizens
in the national political process. These
include the African Charter on Human and
Peoples' Rights, the International Covenant
on Civil and Political Rights, as well as the
SADC Principles and Guidelines Governing
Democratic Elections (which principles have
been domesticated in our own Electoral Act).
This cannot be justified in a democratic
society and the only possible explanation for
its inclusion is to manage a succession issue,
which has the ability to unseat the incumbent
government.
Elections 2007 and the
Proposed Zimbabwe Human
Rights Commission (“the
Commission”)
An analysis of the implications of the
proposed Commission would require a
treatise on its own. In the context of elections,
it is important to note that the clear trend in
Zimbabwe continues to be that of markedly
increased human rights violations in the runContinued on page 16
X
Select target paragraph3
Add to table of contents