Statement regarding the breach by the ZEC of section 21 of the Electoral Act
Section 21(4) of the Electoral Act states “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 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.”
The MDC has repeatedly asked the ZEC to provide us with a voters roll. Last Friday we wrote to the ZEC asking for a copy of the roll. Today we were advised that we may get a copy of the roll tomorrow but we are concerned that this will not happen.
A “reasonable period of time after the calling of an election” means just that. The election was called on the 13th June and 6 weeks have since elapsed – and yet we still do not have a copy of the voters roll. 6 weeks to supply a voters roll is not a reasonable period of time. Worse than that is the 5 days left before the election is conducted – that is a grossly unreasonable period of time left to study and use the voters roll.
Voters rolls are meant to be used by political parties the world over to analyse who is in particular constituencies so that they can be spoken to and encouraged to vote. That opportunity is now denied us. Furthermore in the Zimbabwean context where rigging has abounded in the past it is critically important that parties be given sufficient time to analyse and audit the voters roll. That right has now been denied us.
No satisfactory explanation has been given by the ZEC for their failure to comply with the law and to that extent its credibility as an organisation has been severely tarnished by this very serious breach of the law.
We can but hope that the voters roll in analysable digital electronic format will be supplied as promised tomorrow.
Senator David Coltart.
Secretary for Legal Affairs
MDC
Bulawayo
25th July 2013.