ZESN - Promoting Democratic Elections in Zimbabwe
There was stakeholder engagement by ZEC,
including with Civil Society Organisations (CSOs).
However, civil society, which, in turn, kept the
public informed (although not satisfactorily) about
some of the processes, was, itself, not satisfied with
the quality of engagement with ZEC.
b.
c.
the total number of ballot papers that have
been printed for the election; and
the number of ballot papers that have been
distributed to each polling station.
For the 2018 harmonised elections, ZEC
contracted Fidelity Printers for the printing of
Presidential and National Assembly ballots and
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Printflow for the local council ballot papers . The
selection process of the two companies raised
concerns as the tender process was not open. In
essence, this process eroded stakeholder
confidence. The ZEC printed 6 150 950
Presidential, 6 150 950 National Assembly, and 5
036 250 local authority ballot papers.In keeping
with international best practice, ZEC only printed,
for contingency purposes, additional ballot papers
that constituted 8% of the total number of papers
needed for the 2018 harmonized elections.
5.5 Independence of ZEC
Legal provisions guaranteeing ZEC's
independence seem inadequate. There are to be
several gaps that allow for executive interference
in the operations of the commission. For instance,
the Sixth Schedule to the Electoral Act gives the
President the power to unilaterally set the terms
and conditions of Commissioners. Although a
report on findings of a tribunal set up to remove a
Commissioner must be placed before Parliament,
Parliament does not have any input in the final
decision.
In addition, Section 7 of the Electoral Act permits
ZEC to use its discretion to adopt and review
procedures that promote efficiency and
independence. This must be qualified for such
discretion to guarantee transparency as stipulated
in section of 239(a) of the Constitution. In practice,
it seems this role resides in the Ministry of Justice
which makes the regulations after considering
input from the Commission.
The design, printing, and distribution of ballot
papers, on the other hand, became a contentious
issue during the pre-election period with the MDC
Alliance at one point threatening to boycott the
elections. In response to sustained pressure from
electoral stakeholders, ZEC invited political
parties, the media, and observers to tour the
printing facilities and witness a demonstration of
how ballot papers would be printed. However,
efforts by the ZEC to improve transparency in this
area failed as stakeholders were not permitted to
ask questions and were unable to see clearly as
they observed the process from an approximate
distance of 20 meters from the printing machines.
The ZEC, therefore, missed an opportunity to
address myths, fears, and misconceptions that
stakeholders had at the time regarding the ballot
paper design, printing and distribution.
The Observers Accreditation Committee (OAC) is
widely perceived as exerting undue influence on
the ZEC. Stakeholder sentiments are that observers
will only be invited to observe electoral process
when none of the members has raised an
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objection.
Ballot papers design, printing, and distribution is
provided for under Section 52A of the Electoral
Act. The ZEC is required under Section 52A (2) to
provide, without delay, information to all political
parties and candidates contesting an election, and
to all observers—
a.
where and by whom the ballot papers for the
election have been or are being printed;
Stakeholders, including ZESN, expressed concern
over the design and layout of the Presidential
ballot paper which did not conform to provisions
of the Electoral Regulations of 2005 and Section
57(a)(1) of the Electoral Act, which states that
candidates should appear in one column in
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See <http://www.zesn.org.zw/wp-content/_protected/publications/publication_308.pdf >
http://www.sundaymail.co.zw/zec-reveals-ballot-paper-stats/
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REPORT ON THE 30 JULY 2018 HARMONISED ELECTIONS
ZESN
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