ZimEye
By Ephat Sam Dangarembga
29 July 2013
Zimbabwe’s national elections have already been rigged before the first ballot is cast, and members of the Zimbabwe Electoral Commission should be arrested for breaching clear legislation, analysts have charged.
“ZEC should be arrested for wilfully breaching the Electoral Act and in such a clearly nonsensical way as they have done by not only denying three million people registration access, but also failing to avail the poll register. It is ironical that the same organisation would at the same time allow police officers to vote twice†said political analyst Perry Mhlanga.
MDC Legal Affairs Secretary David Coltart also weighed into ZEC’s failings as he disclosed a statute in the Electoral Act that reveals the breaches which other analysts say are deliberate.
Said Coltart:
Sec 21(6) says that the voter roll must be supplied within a “reasonable period†and in electronic format.
But Coltart also copied section 51(3) which stipulates the exact period before elections are held:
Section 51(3) “A constituency elections officer shall cause a notice of—
(a) the places at which polling stations are to be established; and
(b) the hours during which the polling stations will be open;
to be published at least three weeks before polling day and again on polling day, in a newspaper circulating in the constituency concerned and in such other manner as he or she thinks fit.â€
Coltart on Saturday also issued the below statement on ZEC’s non compliance with Section 21 of the Electoral Act.
STATEMENT REGARDING THE FAILURE BY THE ZEC TO COMPLY WITH SECTION 21 OF THE ELECTORAL ACT
 We now have 4 days to go until the election. I have just this morning spoken to our Elections Director in Harare and she advises that despite repeated requests we still have not received the voters roll in any format. I repeat that the ZEC is obliged to supply us with the roll. I attach the relevant section of the Electoral Act.
“21 Inspection of voters rolls and provision of copies
(1) Every voters roll shall be a public document and open to inspection by the public, free of charge, during ordinary office hours at the office of the Commission or the constituency registrar where it is kept.
(2) A person inspecting the voters roll for a constituency may, without removing the voters roll, make any written notes of anything contained therein during office hours.
(3) The Commission shall within a reasonable period of time provide any person who requests it, and who pays the prescribed fee, with a copy of any ward or constituency voters roll, either in printed or in electronic form as the person may request.
(4) 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.
(5) Fees prescribed for the purposes of subsection (3) or (4) shall not exceed the reasonable cost of providing the voters roll concerned.
(6) Within a reasonable period of the time after nomination day in an election, the Commission shall provide – (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 voters 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.â€
The ZEC is in serious breach of section 21(3) in that it has not supplied the MDC, despite our repeated requests in writing and verablly, with a copy of the voters roll within a reasonable period of time.
Furthermore it is breach of section 21(6) in that it has not supplied me as a candidate, and I suspect every other candidate, with a copy of my constituency voters roll within a reasonable period of time. It is obvious that 4 days prior to the election is not a reasonable period of time.
The provision of a voters roll goes to the very heart of a free and fair election and its non supply undermines the credibility of this election. It also raises very serious questions about what the Registrar Generals office is up to regarding the roll.
This matter is brought to the attention of the AU and SADC Observer teams and we look forward to receiving their comments regarding this very serious breach of the law and the electoral process.