(a) free of charge, to every nominated candidate, one copy in electronic form of the constituency
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 constituency voters roll to be used in the election for which the candidate has
been nominated.
(7) Where a voter’s 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:
Provided that—
(i) the roll may be formatted so as to prevent its being altered or otherwise tampered with;
i. the Commission may impose reasonable conditions on the provision of the roll to prevent it from
being used for commercial or other purposes unconnected with an election.”
Despite repeated requests made in writing and verbally both to the ZEC by the two MDC’s neither
were supplied with an electronic copy of the voters roll as was their right prior to the election or at
all. Indeed one week after the election there was still no sign of the electronic voters roll. ZEC cited
logistical problems for its failure to comply with the law. The failure by the ZEC to comply with Section
21 of the Electoral Act constitutes a very serious breach of the Act but also of the entire electoral
process. The provision of a voters roll forms the bedrock of the electoral process in all democracies
but especially in Zimbabwe where repeated elections over the last 13 years have been marred by
allegations and proof of electoral fraud cantered on the manipulation and distortion of the voters
roll. In short the failure by ZEC to comply with Section 21 (6) and (7) of the Electoral Act rendered the
entire election illegal and at the very least meant that it could no longer be viewed as free and fair.
Post commencement of voting
1.
Turning away of voters
On 31 July 2013 at least 300 000 potential voters were turned away for various reasons, ranging
from their names being moved from their wards to other constituencies while names of many others
were not on the roll despite having been registered or having inspected the voter’s roll prior to the
elections. A substantial number of people voted using fake voter registration slips even though their
names did not appear on the voters’ roll. The ZEC itself admitted that 304890 voters were turned
away countrywide.
2.
Poor quality ink and poor lighting in tents
The ink used to mark voters in terms of Section 56 (4) (b) of the Electoral Act (to indicate that a voter
has voted) was sub standard and washed off easily. Each voter was required to dip a finger in pink
ink. However this ink came off very easily and even using normal soap it came off with a few washes.
Anyone using an appropriate chemical would be able to easily remove the ink and then vote again,
and again.
That situation was compounded by the fact that many of the polling stations were in tents with very
poor lighting even at midday, which made it virtually impossible for polling officers to adequately
check that potential voters did not vote more than once.
3.
Absence of ultraviolet light detectors
Historically polling stations in Zimbabwe have always had ultraviolet light detecting machines to
check whether potential voters have ink on their fingers. These machines of course provide the most
secure manner of checking whether a potential voter has already voted. For reasons, which have not
been explained by the ZEC, there was not a single machine used in most constituencies. The absence
or non-application of these machines seriously compromised the legitimacy of the elections and
would have been a key component in the facilitation of double voting.
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