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Electoral system and processes
functions and to be properly resourced in terms of human personnel and financial
resources (financial autonomy) in order to carry out its functions effectively. The new
Constitution now explicitly states that ZEC is an independent commission;45 however
the reality in terms of the politicisation of the appointment process, allegiance to the
appointing authority, the overbearing role and influence of the Minister of Justice &
Legal Affairs in their operations, and the inadequate resourcing detract from the
legislative protective provisions for independence.
Most egregiously, the Minister continues to have power to veto any regulations made by
ZEC, seriously compromising its independence.46 This is despite the fact that the
Minister is also a candidate and interested party in the elections.ZEC also lacks total
financial autonomy. Any donations or grants, whether from local or foreign donors have
to be approved by the Minister.47 Over the last year, ZEC appears to have been the
proverbial grass that suffers when two elephants fight. There have been accusations and
counter-accusations from the Minister of Finance and the Minister of Justice & Legal
Affairs on poll funding and actual sources. The Minister of Finance has sought to secure
funds from the United Nations and various SADC countries, whilst the Minister of Justice
has refused to accept such funding.48 ZEC’s business and resourcing should be
completely transparent to ensure that the electoral process is not distorted or
manipulated at any time. Ascertaining the budget of ZEC in the past has proved difficult
since Commissioners are sworn to secrecy, and there is no clarity on exactly how much
is needed to run an efficient election. The law remains silent on whether Parliament has
to approve the whole budget of ZEC other than that derived from the Consolidated
Revenue Fund, and Parliament has had no role in, or oversight relating to the budgeting
and accounting for elections. These raise serious questions about the ability of ZEC to
properly resource and carry out the election, and to whom they pay allegiance for
donations received for their operations.
2.5 Custody and maintenance of the voters’ roll
In terms of the new Constitution ZEC, rather than the R-G, Tobaiwa Tonneth Mudede, is
now responsible for custody and maintenance of the voters’ roll.49 ZEC is supposed to
direct and control the registration of voters and compile the voters’ roll.50 The
Constitution and the electoral laws do not clearly demarcate the functions of ZEC and
the R-G in relation to voter registration, and this appears to have been abused in the
current exercise. While ZEC must “keep and maintain” the roll, the function of
45 Section 235(1-3) of the Constitution of Zimbabwe Amendment (No 20).
46 See section 192(6) of the Electoral Act.
47 Section 12(1)(e) of the Electoral Act ; as late as 28 June it was being reported that there were serious
funding gaps. See B Chitemba et al “Elections funding dilemma persists as nomination court sits today”
Zimbabwe Independent (28 June–4 July 2013) p 1.
48 W Masvingise “Chinamasa scuttles poll funding” Newsday (19 July 2013) p 1.
49 Section 239(c-e) of the Constitution of Zimbabwe Amendment (No 20).
50 Section 6(2) of the Sixth Schedule of the Constitution of Zimbabwe Amendment (No 20). Section 239(ce) of the Constitution of Zimbabwe Amendment (No 20).
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