the BVR process marked a break with the past and is part of a new modus operandi and constitutional
order on the conduct of electoral processes in Zimbabwe.
However, while the new constitution promulgated in 2013 was supposed to bring new legislative and
regulatory regimes (see Legal and Institutional Framework section) some grey areas remained between
the old and new constitutional orders, as they did regarding the old and new political orders.
Legislatively the law still has gaps regarding alignment with the constitution, which has led to the
mooting of a third amendment, this despite two amendments to the Electoral law. Added to this
legislative grey zone, ZEC has been less than transparent on the regulatory framework and procedural
regime it will use to administer the 2018 elections, in the absence of a clear electoral calendar. As ZESN
noted, a clear election calendar, including a detailed electoral roadmap for the 2018 elections would
allow stakeholders to plan interventions in support of free and fair elections adequately.25
Despite these grey areas, ZEC did institute the biometric voter registration process with relatively clear
procedures through Statutory Instrument 85 of 2017, “Electoral (Voter Registration) Regulations”. These
regulations had some concerning gaps. Amongst these concerning gaps was the lack of clarity on the
role of observers and political party agents, roles that are crucial in enhancing transparency of electoral
processes. ZEC's inability to explicitly state the position of observers and party agents left discretion in
the hands of voter registration officials, who inevitably dealt with this matter in different ways, with
ZESN and other CSOs having to appeal for observers to be allowed to monitor the process. Also, the
regulations made provisions for the issuance of voter registration certificates by Section 26 of the
Electoral Act; a glaring gap was the inability of ZEC to use the regulations to safeguard the electoral
system from the fraudulent use of the registrations slips, through enhanced security features like
watermarks and security threading. It is these regulations that guided the September 8, 2017,
Presidential order on a new voter registration exercise and ZEC's subsequent compliance with the law
through the BVR process under review in this report.
ZESN also noted that the BVR process occurred in the context of continuing economic hardships
characterized by increasing cost of goods and services hence an inflation rise estimated at 4.6% after
two years of deflation, and marginal growth rates of 1.6% to the economy towards the end of 2017.26
Cash shortages continued as did the triple unofficial prizing index, which pegged commodities at
different prices depending on whether one paid in hard currency (US Dollars), Bond Notes or through a
bank or mobile money transfer. High levels of formal unemployment also constituted the context with
most Zimbabweans finding relief through petty trade in the precarious informal sector, which is
estimated to represent 94% of the country's economy. The bulk of informal sector activity is petty
trading, with the number of vendors invariably expected to be in multiple millions.
25
ZESN, Press Release 11 January 2018, A Clear Electoral Roadmap critical for successful 2018 Elections – ZESN. Harare.
Zimbabwe
26
AFDB, Zimbabwe Economic Outlook for 2017
17
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