Women

  • Appropriate provisions must be made that make it mandatory for political parties to observe quotas for women. There must be gender parity, backed by law, in all decision-making positions and institutions.

    •  
    Assessment:
    The ZESN draft political party’s regulation bill has provisions that require political parties to ensure that they are inclusive in terms of making substantive appointment in their respective parties that women, youth and other disadvantaged groups are included in party structures.

    On the other hand, Constitutional Amendment Bill number two proposes the extension of quotas for women by an additional 10 years. Women’s groups’ view is proposed extension as inadequate position, and inconsistent with Constitutional provisions.  Recommendations from women’s organisations include:

  • Section 17 of Constitution which speaks to the need for gender balance should be respected, thus political parties should be obligated to reserve at least 50% seats for women in the Presidium and Parliament.
  • In addition 50% of the direct election seats should be reserved for women including young women and women with disabilities. Government must ensure that within the 50% direct election seats, 25% of the seats are reserved for young women between the ages of fifteen and thirty-five including young women living with disabilities.
  • At local government level all direct election seats to be designated according to zebra system by gender with ward designated for women appearing 1st on the delimitation list and ward designated for men appearing second.
  • On Nomination of Candidates, ZEC must reject papers that do not reflect 50.50. This provision must be couched in peremptory terms.
  • Political Party Finances Act must be amended to ensure that only political parties that meet the constitutional standard of 50. 50 receive resources under the Act[1].
  • Institutional, operational and budgetary punitive measures against parties that fail to comply with the stated provisions must be clearly stated in relevant laws such as the Electoral Act, and the Political Party Finances Act.

    • The Zimbabwe Gender Commission is exploring the possibility of sponsoring the Gender Equality Act where all the gender equality provisions can be brought and expressed in a manner that can make the rights enshrined in the Commission justiciable.

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    [1] https://www.wcoz.org/2018/08/29/placing-womens-rights-on-the-presidents-agenda/

    Political Parties

  • Parties should be compelled by law to comprehensively deploy polling agents to observe key electoral processes. There is also need to regulate political parties. The legal framework must provide for the disclosure and audits of parties’ sources of funding and the use of campaign funding.
  • Multi-party Liaison Committees must made permanent features of the electoral cycle.

    •  
    Assessment:
    In addition to provisions at law that encourage comprehensive deployment of party agents as well as making Multi Party Liaison Committees (MPLCs) a permanent feature around the electoral cycle, ZESN is currently engaged in multiple conversations to solicit input on the feasibility of political party regulation in Zimbabwe.  MPLCs are not yet a permanent feature on the country’s electoral landscape, the structures continue to be set up on an adhoc basis.

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    Election Administration

  • There is need to mitigate conflict and suspicions around the ballot paper by ensuring transparency in ballot paper designing and printing through engagement of electoral stakeholders. It is also critical that the implementation of postal voting abides by the principles of free choice and secrecy of the vote contained in the Constitution and the Electoral Law. Special voting, amenable to transparent electoral principles and observation must be reinstated to guarantee the right to vote to those unable to vote on Election Day.
  • The observation of electoral processes must be made easier by removing accreditation fees and the requirement for applicants to physical present themselves in person at accreditation centres in line with international best practice.
  • Polling stations added in the run-up to elections must be widely publicised to ensure they are known by relevant stakeholders, and to reduce suspicions.
  • Election administration must conform to open data principles. ZEC must adopt an effective communications strategy to ensure that it gets and sustains confidence of its stakeholders.
  • ZEC must publish audit reports on expenditure on elections administration.[/su_list]

    •  
    Assessment:
    Assessment for the 2023 election cycle is ongoing. Currently there is no movement on the election administration issues listed above.  During the COVID -19 pandemic the ZEC had responded commendably by developing a COVID-19 Policy to guide the work of ZEC during the COVID-19 pandemic. Unfortunately the Policy was not put to the test as the Government, through the Ministry of Health and Child Welfare suspended by-elections indefinitely through the use of Statutory Instrument 225A of 2020.

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    Delimitation of Constituencies

    Zimbabwe has conducted three sets of elections[1] on the basis of one set of delimitation. 2008, 2013 and 2018 elections. Boundary delimitation for the 2023 elections should be timeously conducted. There is need to rationalise constituencies that are too big and those that are too small. Clear regulations for delimitation must be put in place.
     
    Assessment:
    There been significant improvement in the area of legislation that has an impact on the boundary delimitation process. The government accented to the Census and Statistics Amendment Bill of 2020. The Bill amended the Census and Statistics Act (Chapter 10:29) to allow for the national censuses to be conducted in a manner that will enable the Zimbabwe Electoral Commission to take into account census data when delimiting electoral boundaries every 10 years as required by section 161 (1) of the Constitution. The Bill has also moved forward the Census that was due in 2022 to be completed by 1 July 2021.

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    Election Observation

    The ZESN Petition notes that the structure of the Observer Accreditation Committee must be reviewed in keeping with the principle of the independence of the Commission.
     
    Assessment:
    The observer accreditation process must be managed by the ZEC, any consultations with the security services should be done on the side-lines.  However this needs to be provided for at law.

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    The Right to Vote and Inclusivity

    The Constitution grants every Zimbabwean the right to vote. This the Electoral Law does not give life to, as it excludes millions in the Diaspora, remand prison and hospital. In keeping with the thrust of the new dispensation to include citizens in the Diaspora in national development, the selective inclusion of Zimbabweans in the Diaspora and those in places of confinement and hospitals must be reviewed. This also includes citizens’ hospital staff, nurses and doctors who will be on duty on Election Day. The expansion of special voting must be considered to cater for these groups.
     
    Assessment:
    Special Voting rights have not yet been expanded. The ZESN draft Electoral Amendment Bill under review in Parliament, has provisions for special voting and recommend that the special vote be done in a more transparent manner and be accessible to a wider range of voters who may not be able to present themselves physically at their assignment polling stations on Election Day.

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    Provision of Voter Education

    • Voter Education (VE) should be linked to the secrecy of the ballot and other misinformation by electoral stakeholders.
    • VE should reach institutions of higher learning and secondary schools, and target those have reached/about to reach the legal age of majority.
    • VE must emphasise the importance of other elections, apart from presidential elections.
    • The VE methodology and curriculum must facilitate easy access by people with disabilities including those visually impaired.
    • Electoral Law must provide for continuous voter education by a broad range of actors that include the ZEC and Civic Society Organisations (CSOs).

    Analysis:
    There has not been any noticeable improvements on the quality of voter education processes since the 2018 Harmonised Elections. However the Commission has engaged electoral stakeholders in the development of more inclusive voter education curriculum and methodologies.

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    Voter Registration and the Voters’ Roll

  • The Electoral Law must compel ZEC to inform registrants who are removed from the voters’ roll.
  • Those put on the exclusion list must be notified, and there must be a less cumbersome process for redress.
  • Access to the final voters’ roll must be guaranteed for all contestants as provided by law, and within a specific time-frame.
  • Ease of registration in urban areas in view of the lowest registration statistics in Harare and Bulawayo in particular, and in urban areas in general.
  • There should be more permanent registration centres established and these should be open throughout the electoral cycle.
  • Copies of the roll must be availed to party agents at polling stations.
  • There is need for procurement of integrated systems that allow one gadget to be used for multiple purposes, such as enrolling voters, voter verification on Election Day and transmission of results.
  • The law must provide for the publication of the results of the de-duplication process to enhance transparency. ZEC must focus on continuous voter registration and cleaning of the voters’ roll.

    •  
    Assessment:
    There has not been any movement on the gaps listed above, save for marginal improvements with regards to transparency on the voters roll as the ZEC during 2019 and 2020 by-elections has been displaying the voters roll outside polling stations. However ZEC has been seized with the task of cleaning up the voters roll but the results of such processes has not been made public.

    ZESN produced a draft Electoral Amendment Bill which has since been submitted to parliament for consideration. A number of the gaps listed above are included in the Bill, such as provisions requiring the ZEC to inform registrants that are put on the exclusion list, facilitating redress for parties who grievances are related to the voter registration process.

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    The Political Environment

  • There is need for an enabling political environment, which supports the holding of free, fair and credible elections.
  • Statutes as the Public Order and Security Act (POSA) and the Access to Information and Protection of Privacy Act (AIPPA) reinforces the existing political environment.
  • There is need for an enforceable Electoral Code of Conduct for traditional leaders so as to ensure that Traditional leaders discharge their duties in a non-partisan manner.

    •  
    Assessment:
    The political environment remains in a state of flux, and unconducive to the holding of credible elections. The conflation of the state and ruling party continues to deepen as recently illustrated by the range of elaborate strategies that the party in government has employed to weaken the main opposition political party. The strategy includes co-optation, repression and legitimation.  For instance, on 17 May 2019, the government launched the Political Actors Dialogue (POLAD), which comprised some of the parties that contested the 2018 presidential elections. While the main opposition political party the MDC Alliance did not join, the majority of political parties in the opposition were co-opted under this arrangement. In a move that further weakened the main opposition political party, the Government, through the judiciary gave legitimacy to a faction of the MDC. The MDC-T was given a favourable judgement in its dispute with MDC-Alliance leader, Nelson Chamisa where it argued that Chamisa’s appointment as vice president and his subsequent rise as president of the MDC-T party was illegal and unconstitutional. Armed with this judgement the faction of the MDC has proceeded to recall MPs that were elected under the MDC-Alliance party. Consequently the oversight and legislative power of Parliament has been weakened, as the ruling party’s dominance in Parliament is unchecked, increasing the likelihood of bills being passed without adequate scrutiny.

    Some of changes to legislation that regulate the enjoyment of civil and political rights have been changed. The Public Order and Security Act which was replaced by the Maintenance of Peace and Order (MOPA) Bill is a case in point. Although the Bill became an Act on 14 November 2019, some stakeholders view it as a missed opportunity as some of the provisions in the new law were considered more repressive than those in the POSA which it sought to replace. Some in the opposition have even likened the MOPA to the South African Apartheid era law, the Regulation of Public Gathering Act (No. 205 of 1993)[1].  Media Institute of Southern Africa-Zimbabwe is of the view that MOPA retains and in some instances adds to the restrictive provisions that were in POSA[2]. In addition the MOPA was passed without addressing the various adverse comments that were raised by the Parliamentary Legal Committee (PLC) on the Bill, which in the view of the PLC were in conflict with the Constitution[3].

     The Independent complaints mechanism that the members of the public can report human rights abuses by members of the security services has not yet been instituted, seven years after the Constitution was enacted and five years after the lodging of a constitutional application calling on the Government to gazette a Bill to set up the Complaints Mechanism envisaged by section 210 of the Constitution. However, recent developments suggest there could be movement on this issues as Cabinet approved the Zimbabwe Independent Complaints Commission Bill, in November 2020[4]. It remains to be seen if the provisions in this Bill sufficiently capture the essence of provisions of section 210 of the Constitution.

    On the other hand the government created the National Peace and Reconciliation Commission (NPRC) whose mandate is, among other things, “to develop mechanisms for early detection of areas of potential conflicts and disputes, and to take appropriate preventive measures”[5] the NPCRC is yet do develop the early warning system, with efforts to hire a lead consultant to assists with this process commencing as recently as August 2020[6]. NPRC was also required to developed procedures and institutions at national level to facilitate dialogue among political parties, communities, organisations and other groups, in order to prevent conflicts and disputes arising in the future. Perhaps institutions like POLAD ought to have been created and facilitated by the NPRC. In addition the Commission has not mediated in disputes between various rural communities and commercial entities for instance[7].

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    [1] MDC Lawmakers Reject ‘Apartheid Duplicate’ Law see < https://allafrica.com/stories/201908150071.html >

    [2] https://zimbabwe.misa.org/wp-content/uploads/sites/13/2020/04/MISA-Zimbabwe-Annual-Report-2019.pdf

    [3] http://kubatana.net/2019/07/29/parliamentary-legal-committee-adverse-report-on-mopa-bill-watch-39-2019/

    [4] https://www.chronicle.co.zw/cabinet-approves-zimbabwe-independent-complaints-bill/

    [5] http://www.nprc.org.zw/mandate/

    [6] https://twitter.com/NPRCZim/status/1293911067312050177

    [7] http://kubatana.net/2020/08/17/rise-in-forced-eviction-cases-in-masvingo-province/

    The independence of the Zimbabwe Electoral Commission (ZEC)

  • The independence of the Zimbabwe Electoral Commission (ZEC) is provided for under Section 235 of the Constitution. Provisions of the Electoral Law that offend this principle must be reviewed. These include sections 192(6) and (12) of the Electoral Act, which permit Executive interference with the ZEC.
  • Pursuant to its signature of the African Charter on Democracy, Elections and Governance (ACDEG) in February 2018, Zimbabwe should proceed to give life to the Charter through its domestication and implementation.

    •  
    Assessment:

  • The Electoral Act does not empower ZEC to make and approve electoral regulations. ZEC still needs get approval from the Minister of Justice, Legal and Parliamentary Affairs for the Commission to introduce regulations for use by the institution’s staff.
  • In October 2020, the overturning by the Government of a decision by ZEC to lift the suspension of by-elections demonstrated that the institution could not make decisions independent of approval by the Government and the Ministry of Justice Legal and Parliamentary Affairs (ZEC’s parent Ministry).
  • Zimbabwe is one of the 25 African states that are yet to ratify the ACDEG. Signing is not enough when consent to be bound is to be expressed by ratification. Ratification of ACDEG will demonstrate that Zimbabwe is committed and serious about the promotion of democratic principles and institutions, popular participation, human rights, the rule of law, good governance, condemnation and unconstitutional changes of governments, sustainable development, peace and security as enshrined in the AU Constitutive Act and ACDEG[1].
  • According to the Inter-Ministerial Taskforce on the Alignment of Legislation to the Constitution (IMT) the alignment of Electoral Act [Chapter 2:13] to the Constitution is complete. ZESN is of contrary view and has made submissions to both government and Parliament bringing to their attentions areas where the current Electoral Act is not in sync with the Constitution.

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    [1] http://aga-platform.org/sites/default/files/2017-08/Africa%27s%20Governance%20Dividends%20%26%20Deficits%20-%20Newsletter%20%28Jan-June%202017%29.pdf