ZESN and ESN-SA Preliminary Statement- Botswana 2024 General Elections

ZESN and ESN-SA Preliminary Statement- Botswana 2024 General Elections

INTRODUCTION
In response to an invitation from the Government of the Republic of Botswana, the
Zimbabwe Election Support Network (ZESN) deployed an Election Observation Mission
(EOM) to observe the Botswana General Elections held on 30 October 2024. ZESN joined
efforts with the Electoral Support Network of Southern Africa (ESN-SA) and deployed a
five-member team to observe voting in urban, peri-urban and rural areas around
Gaborone. Prior to the Election Day observation, the team met with various electoral
stakeholders.

The mission’s main aim was to assess whether the electoral process in Botswana complied
with national laws and to evaluate the alignment of the country’s electoral framework
with regional and international standards, principles, and best practices. This Preliminary
Statement is a foundational output of the Mission, offering its initial findings and
recommendations on the process thus far. It provides that the Botswana General Elections
were conducted in a calm and peaceful atmosphere and largely adhered to national,
regional and international frameworks. The observation and the Preliminary Statement
underscore the ZESN and ESN-SA’s dedication to advancing democratic integrity and
transparent electoral processes in the region.

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Revised Position Paper on POLITICAL PARTY REGULATION IN ZIMBABWE

The centrality of political parties to democracy in Zimbabwe is unanimously acknowledged. However,
there is often a contradiction where political parties that have glaring capacity deicits expect that
everything around them has to change to meet their demands while they continue to operate the same
way. That is, parties expect to be funded by the state, demand constitutional and electoral reforms yet
remain silent on the pragmatics of how they too need to comply with the formal rules and regulations of
the game. Political parties ought to be regulated through a mechanism that establishes the minimum
requirements in terms of how they organize themselves and conduct their business. Regulation should
embody how political parties are registered, deregistered and how they access inances, manage and
account for their inances whether provided under the law, donations or otherwise.

In Zimbabwe, political parties inancing has been the sole regulated aspect, with other aspects such as
registration and deregistration remaining unregulated, raising accountability and internal democracy
challenges. The absence of a legislation regulating political parties in Zimbabwe has been identiied as the
major problem contributing to lack of sanity in some of their operations. Consequently, the country is
faced with challenges of election related disputes and conlict, volatile party systems and lack of political
party accountability. Absence of legislation regulating political parties has also led to a wide range of
other electoral challenges, impacting the integrity and effectiveness of democratic processes particularly
in the 2023 elections. Additionally, this situation contributed to the administrative challenges faced by the Zimbabwe Electoral Commission (ZEC) and other electoral stakeholders who engage with political
parties. Following the CCC 2023 recalls and the subsequent by-elections to ill the vacant seats, the
Minister of Justice, Legal and Parliamentary Affairs highlighted this burden, suggesting that political
parties ought to be register. In his view, ‘structureless parties were engaging in endless squabbles and
recalls of parliamentarians, wasting state money that could be better utilized for other purposes’¹.

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PRELIMINARY STATEMENT ON THE UMZINGWANE RURAL DISTRICT COUNCIL, WARD 15 BY-ELECTION

7 October 2024 – In line with its mission to promote democratic free and fair electoral processes through objectively and impartially observing elections in Zimbabwe, the Zimbabwe Election Support Network (ZESN) observed the Ward 15 by-election in Umzingwane District, Matabeleland South. Ward 15 is a new Ward that was formed during the 2023 delimitation process. The by-election was held following the death of Councillor Handsome Sibanda.

Legal Framework
The by-election was held under Sections 50 and 121A of the Electoral Act (Chapter 2:13) for the National Assembly and Local Authority Councillors following the passing on of the incumbent Councillor.
Nomination Court for the by-elections sat on 5 September 2024 at Umzingwane Rural District Council’s Offices. The three (3) candidates who submitted their nomination papers, successfully met the Nomination Court’s requirements. The candidates’ names were Sifelani Dube of the Zimbabwe African National Union-Patriotic Front (ZANU-PF), Sanele Ndlovu (Independent) and Victor Phiri of the Citizens Coalition for Change (CCC).

Observation Methodology
ZESN trained and deployed five (5) observers to track polling day procedures including polling station set-up, opening, voting, counting and results announcement.
The findings and recommendations of this preliminary statement are made in reference to the Electoral Laws of Zimbabwe, the Southern African Development Community (SADC) Principles and Guidelines Governing the Conduct of Democratic Elections and other regional and African election guidelines and principles. This preliminary statement is based on reports received from the accredited ZESN observers.

Pre-election Observations
ZESN observers reported that the campaign period was relatively peaceful with no incidents. The environment allowed for electoral contestants across the political divide to canvass for votes. The ZANU-PF party had the most visible campaigns which included the holding of rallies and meetings which were addressed by party leaders including members of parliament of some of the constituencies in the province.

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ZESN EXHIBITION AT THE 2024 MASVINGO, ZIMBABWE AND MATABELELAND SOUTH AGRICULTURAL SHOWS

ZESN participated in the Masvingo Agricultural Show, which ran under the theme “Moving Towards Economic Development and Growth.” The Agricultural Show attracted a diverse audience from all walks of life particularly the elderly. The ZESN exhibition booth became a space for vibrant discussions on elections, democracy, and civic responsibility. Elderly people demonstrated notable electoral knowledge, while the youth turnout was lower than anticipated.

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INTERNATIONAL DAY OF DEMOCRACY 2024 Press Statement by ZESN

15-September-2024 – The Zimbabwe Election Support Network (ZESN) joins the global community in commemorating International Democracy Day, observed annually on September 15. This year’s theme, “Artificial Intelligence as a Tool for Good Governance,” highlights both the opportunities and challenges of integrating AI into electoral processes. Established by the UN General Assembly in 2007, International Democracy Day promotes the reflection on democracy’s global state and encourages governments to enhance democratic practices.

ZESN views Artificial Intelligence (AI) as a tool with transformative potential in Zimbabwe’s elections. AI can improve various aspects of electoral systems, such as enhancing voter registration through biometric voter registration (BVR) and improving the transparency of vote counting. The technology offers increased efficiency, accuracy, and the ability to detect electoral fraud by analyzing data patterns and irregularities.

Despite these advantages, the Network expresses concern over the lack of transparency in AI systems. Stakeholders such as election observers and civil society have raised concerns about the opacity of AI algorithms. Without proper oversight, AI could be misused to manipulate voter data, reinforce biases, or disenfranchise voters—issues that are particularly troubling in Zimbabwe, where electoral integrity has historically been a sensitive matter.

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Should Zimbabwe De-harmonise its Elections

INTRODUCTION

The desirability of holding harmonised presidential, parliamentary and local government election in Zimbabwe
remains a subject of debate for academics and practitioners despite the adoption of the system on 30 October
2007. A harmonised election in the Zimbabwean context can best be conceptualised as an election in which voters
cast ballots for different political offices, namely the president, Members of Parliament (MPs), and local
councillors, at the same time. In other countries and in electoral studies these are commonly referred to as
simultaneous or synchronised elections. The most prominent argument in favour of holding local municipal
elections separately dates back to the progressive era from the 1890s to the 1920s. It is that holding elections
separately allows voters to give adequate attention to local issues without distraction from national races. In
addition, proponents argue that harmonised elections can distort results as people are likely to vote along party
slates, overwhelm voters and provide administrative and logistical challenges for electoral bodies. However, a
considered view is that synchronising local government with presidential and parliamentary elections will result
in: high voter participation and diminish voter fatigue; increased competitiveness and profile of local elections
contrary to conventional wisdom; huge financial savings to the public exchequer and one financial plan for all
spheres of government; regular holding of local government elections; minimisation of calculated closure of the
democratic space as local-only elections can be seen as a portent for the subsequent general elections; fewer
cycles of uncertainty for corporate investments; less cycles of violence and human rights violations which
correspond with elections; increased time for government and society to spend on development work, production
and governance and democratic progression in Zimbabwe’s post-colonial electoral transition.

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Zimbabwe Harmonized General Elections 23 August 2023: Compendium of Election Observers Recommendations

The video you are about to watch serves as a comprehensive overview of the critical issues highlighted in our Compendium of Election Observers Recommendations. It provides an engaging platform for our advocacy efforts, combining expert analysis with visual storytelling. The video not only sheds light on observations made but also offers tangible solutions for reform. We hope it will inspire constructive dialogue among policymakers, Chapter 12 Commissions, civil society organizations, electoral stakeholders and the electorate.

ESN-SA -ZESN JOINT PRELIMINARY STATEMENT ON SOUTH AFRICAN ELECTIONS

INTRODUCTION

The Electoral Support Network of Southern Africa (ESN-SA) and the Zimbabwe Election Support Network (ZESN) jointly deployed a ten-member observer mission with experienced observation practitioners to observe polling processes in Gauteng, KwaZulu-Natal, and Western Cape Provinces during the National and Provincial elections. The primary objective of the Joint Observer Mission was to evaluate whether the South African electoral process adhered to national laws and to determine if the country’s electoral framework aligns with regional and international principles, norms, standards, and best practices. This initiative underscores the Network’s dedication to advancing democratic integrity and transparent electoral processes throughout the Southern African Development Community (SADC) region.

METHODOLOGY
The Independent Electoral Commission (IEC) accredited the Joint Mission via an online portal. The process was simple and efficient, reducing logistical hurdles for the IEC, ESN-SA, and ZESN members. The Joint Mission deployed three (3) teams in Gauteng, KwaZulu-Natal, and Western Cape Provinces that met with electoral stakeholders, including the Independent Electoral Commission’s Provincial Representatives, the Police, Civil Society Organisations (CSOs), and Faith-Based Organisations. In its assessment of the elections, the Joint Mission used various international, regional normative and legal instruments for democratic elections as benchmarks: the African Charter on Democracy, Elections and Governance (ACDEG), the SADC Principles and Guidelines Governing Democratic Elections, the Principles for Election Management, Monitoring, and Observation (PEMMO) and South Africa’s legal framework.
The Joint Election Observation Mission closely observed special voting on May 27 and 28, 2024, and the National and Provincial Elections (NPEs) on May 29, 2024.

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ZESN Position Paper on Recalls, Subsequent By-elections & Lessons Learnt

This position paper attempts to interrogate whether and under which conditions
Zimbabwe might maintain a right to decide to recall or ‘un-elect’ those elected
representatives. A recall is a ‘mechanism to allow the removal of an elected official from
1 office before his or her term is complete, without waiting for the next general election’ .
From the premise of normative democratic theory, it is a valuable instrument of direct
democracy that can give citizens more control over their representatives to expand
opportunities for reinforcing legitimate and responsive governance and continuous
accountability. This conceptualisation is more relevant in a political system based on
representative democracy where citizens vote for representatives to act on their behalf
2 and in their interest. Yet once elected, officials do not exclusively represent their parties
that nominated them to be candidates but must be representatives of the Zimbabwean
People. This raises the global question as to whether and under which conditions voters
3 might maintain a right to decide to recall or ‘un-elect’ those elected representatives.

To provide insights to the question, a review was made to the relevant constitutional
provisions, constitutional court rulings and related literature and the experiences of other
jurisdictions in Europe, United Kingdom, North America, Latin America and Africa. One
critical observation was that recalls are more prevalent in most undeveloped, emerging
and semi- democratic states compared to more developed democracies. Yet the power
to recall entails a citizen led rather than a party centric process. Within these global trends,
it is observed that Zimbabwe, a semi-democratic state, first enacted recall laws in the late
1980s as a ruling Zimbabwe African National Union Patriotic Front (ZANU-PF) party
strategy to ensure hegemonic control over their rivalries. However, some dominant
opposition elites or reformists during the 2013 constitution making process, argued for its
retention not necessarily as a tool to empower citizens but to largely contain excesses of a
competitive authoritarian state by precluding the real possibilities of solicited and
opportunistic defections by elected officials for personal prebends and to promote the
stability and control of their political parties.

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