ZESN - Promoting Democratic Elections in Zimbabwe
The Act further states that no notice is required to
be given of the Commission's action before or after
removing any duplicate or multiple names of any
voter. Section 35 states that if a voter is aggrieved
by the removal of their name during the process of
compiling the voters' roll, they can appeal against
the decision to a designated magistrate in their
province. While the aforementioned provisions
are welcome, the stipulation that 'no notice has to
be given' is contrary to the tenets of administrative
justice as a voter should have the opportunity to
make representations before his/her name is
removed from the roll, and not after. Though there
is an option of appealing to a designated magistrate
of the province, this process is rather cumbersome
and the aggrieved party is unlikely to get redress in
time to get their name enlisted back on the voters'
34
roll.'
public confidence in the integrity of the roll was
significantly reduced. ZEC also took no action
against those who had registered twice or outside
their constituencies of residence, undermining the
deterrent effect intended by the Act in making
these violations of electoral law an offence.
6.9 Voters' Roll
Section 239 (d) (e) of the Constitution provides that
ZEC must compile the voters' rolls and registers
and ensure the proper custody and maintenance.
The Electoral Act provides that ZEC shall keep and
maintain, in printed and electronic form, a voters'
roll for each polling station.
Section 21 of the Electoral Act also provides for
ZEC to make provision of the voters' roll to
stakeholders. More specifically the clauses state
that;
(4) Within a reasonable period of time after the
calling of an election, the Commission shall
provide, on payment of the prescribed fee, to
every political party that intends to contest
the election, and to any accredited observer
who requests it, one copy of every voters' roll
to be used in the election, either in printed or
in electronic form as the party or observer
may request.
(6) Within a reasonable period of time after
nomination day in an election, the
Commission shall provide—
a. free of charge, to every nominated candidate,
one copy in electronic form of the voters' roll
to be used in the election for which the
candidate has been nominated; and
b. at the request of any nominated candidate,
and on payment of the prescribed fee, one
copy in printed form of the voters' roll to be
used in the election for which the candidate
has been nominated.
(7) Where a voters' roll is provided in electronic
form in terms of subsection (3), (4), or (6) its
format shall be such as allows its contents to
be searched and analysed.
Deceased persons, those who had registered more
than once, and entries with incorrect ID numbers
were included on an exclusion list produced by
ZEC. Since ZEC is under no obligation to inform
registrants that their names have been removed
from the voters' roll, as many as 5 692 persons on
the exclusion list could have been disenfranchised
without their knowledge as, on Election Day, their
names appeared on the exclusion list rather than
the voters' roll.
The de-duplication process was shrouded in
secrecy. Despite repeated requests, ZEC did not
provide feedback to stakeholders on the results of
the de-duplication process. As a result, there was
no certainty that the Automated Fingerprint
Identification System (AFIS) system had been run
against every single voter entry to clearly identify
and eliminate duplicates despite a specific request
to ZEC to remove doubts that had arisen in this
regard. In the interests of the constitutional
requirement of transparency, ZEC should have
availed the logs from the AFIS scan for inspection.
ZEC's claim that it had unique bio-metric data for
each entry on the roll thus carried no weight and
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'Analysis of the Electoral Amendment act of 28 may 2018 and Outstanding Reforms ahead of the 30 July 2018 elections'
28
REPORT ON THE 30 JULY 2018 HARMONISED ELECTIONS
ZESN
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