ZESN CONCERNED ABOUT THE CONTINUED SUSPENSION OF BY-ELECTIONS

The Zimbabwe Election Support Network (ZESN) is concerned about the continued suspension of by-elections in light of the observations made regarding religious, political and social gatherings around the country. The Network observed that, recently, there has been a hive of activity with multitudes of congregates at religious or church gatherings and camps in Zimbabwe where concern about protecting peoples’ health does not seem to have been given equal weight as in the suspension of by-elections.

The opening up of businesses, schools, restaurants, and bars; the recent elections in Zambia and the ongoing local government elections in neighboring South Africa in the context of Covid-19, are a clear indication that by-elections can be held under strict Covid-19 protocols.

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ZESN CONCERNED WITH THE SLOW PACE OF IMPLEMENTATION OF ELECTORAL REFORMS

The Zimbabwe Election Support Network (ZESN) has been tracking progress by the government in the implementation of electoral reforms premised on recommendations proffered by local, regional and international Election Observer Missions (EOMs) to the 2018 harmonized elections. Notably, parliament passed and the President assented to the Constitutional Amendment Number 2, which extended the women’s quota in the National Assembly for another ten (10) years, introduced a 30 percent women’s quota in local government, and provided for a quota for ten (10) youths in the National Assembly on a party-list basis and five (5) female youths within the current women’s quota.

While Constitutional Amendment Number 2 extended the women’s quota for another 10 years, introduced a 30 percent women’s quota in local government, ZESN is of the view that, notably this amounts to a change, however it is unlikely that gender parity will be attained in the 2023 elections based on this electoral framework. Concerning youth participation, the Amendment now provides for a youth quota system. While the constitutional change guarantees some youthful representatives in the National Assembly, it appears that the number of representatives provided for in the Amendment was not informed by a scientific approach or meaningful consultations with the affected youth. The quota is at odds with population demographics and official voter registration and participation statistics. Further, whereas the Amendment mentioned People with Disabilities (PwDs), it was short on details for implementation. The Zimbabwe Gender Commission adopted a Gender and Inclusion Policy, while it is a positive development, it cannot be enforced as law.

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Electoral Reforms Tracking Report Web

ZESN has been tracking the progress of the implementation of recommendations which were proffered by Election Observer Missions (EOMs) to the 2018 harmonized elections. ZESN noted that the government has made a few strides regards the implementation of electoral reforms premised on recommendations proffered on legal developments; women’s participation; youth participation; and media from the period after the 2018 harmonized elections up to July 2021. Some of the reforms include the passing of Constitutional Amendment Number 2, constitutional provisions relating to elections.

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ZESN IMPLORES ALL STAKEHOLDERS TO FOSTER PEACE TO ENSURE DEVELOPMENT

As we celebrate the International Day of Peace, running under this year’s theme, “Recovering better for an equitable and sustainable world,’ the Zimbabwe Election Support Network (ZESN) implores all stakeholders to engage and work together in fostering peace building initiatives to ensure sustainable peace and development in the country.

The International Day of Peace or Peace Day is observed around the World annually on 21 September. Established in 1981 by unanimous United Nations resolution, Peace Day provides a globally shared date for all humanity to commit to Peace above all differences and to contribute to building a Culture of Peace.

As Zimbabwe joins the rest of the world in commemorating this special day, ZESN strongly believes that Peace can be sustained through a multi-stakeholder approach and appreciation of the unique roles each stakeholder plays.

The Network calls for the strengthening of the National Peace and Reconciliation Commission (NPRC) and the Zimbabwe Human Rights Commission (ZHRC), Faith Based Organizations (FBOs), Civic Society Organizations (CSOs), Community Based Organizations (CBOs), Education Institutions, political parties and the media as they are critical stakeholders to fostering a culture of peace and tolerance in the society.

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ZESN STATEMENT ON INTERNATIONAL DAY OF DEMOCRACY

The Zimbabwe Election Support Network (ZESN) joins Zimbabwe and the World at large in commemorating the International Day of Democracy on this 15th day of September 2021 running under the theme, “Strengthening democratic resilience in the face of future crises.” Democracy Day is celebrated annually to review the state of democracy in the world and uphold and promote democracy and its principles.

The United Nations defines democracy as a state where the people have rights, especially to vote for and elect their government and regulation from among themselves, rather than being controlled by a government over whom they have no right of dissent, election or protest. Lack of democracy can lead to lack of rights or a voice, and this impacts on human rights as set out by the UN.

This day comes amid the battle with the COVID-19 pandemic which has led to fatalities, surge in infections and the closure of so many multi-sectoral spaces. Democracy has also suffered a huge blow especially in Zimbabwe; with the indefinite suspension of by-elections and other electoral activities. This has led to the quarantining of democracy and prevention of equal participation of citizens in democratic electoral and governance processes.

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ZESN STATEMENT ON CENSUS DATES AND DELIMITATION

The Zimbabwe Election Support Network (ZESN) expresses concern over the new dates that have been set by the government for the conducting of the population census and delimitation exercise. The new dates were announced in the latest post Cabinet press briefing, in which the government indicated that the country remains on course to conduct the Census within the prescribed time frame for the 2023 Elections. The actual population census commencing in April 2022, and the results expected in August 2022, paving way for the Constituencies Delimitation in October 2022 (31 December 2022 being the last day allowed for delimitation).

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ELECTORAL BILL, 2020

ARRANGEMENT OF SECTIONS PART I PRELIMINARY

Section

1 Short title and date of commencement.

2 Application.

3 General principles of democratic elections.

4 Interpretation.

PART II ZIMBABWE ELECTORAL COMMISSION

5 Corporate status and ancillary power of Commission.

6 Immunity of Commission, Commissioners etc.

7 Additional functions and powers of Commission.

8 Delegation of functions.

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Media and Elections

  • Enforceable legal provisions on the regulation of the media reportage of elections must be enacted, and implemented, particularly for the state media.
  • The Zimbabwe Broadcasting Authority (ZBA) must be transformed into a truly independent institution that effectively and impartially regulates public, private and community broadcasters.
  • ZEC media monitoring must be timely and effective. It must put in place effective mechanisms to ensure compliance. The ZEC media monitoring report must be shared widely.
  • There must be mechanisms against hate speech and fake news on social media throughout the electoral cycle. The legal framework must also embrace media diversity and inclusion.

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    Assessment:
    A number of media laws were gazetted after the 2018 elections. These include:

  • The Access to Information and Protection of Privacy Act [Chapter 10:27]: was repealed and replaced by three sets of legislation :

    • (a) Zimbabwe Media Commission Bill,
    (b) Freedom of Information Bill, and
    (c) Protection of Personal Information Bill.

    There are various media laws that are under consideration. While the government has since gazetted the Freedom of Information Bill and the Zimbabwe Media Commission Bill, it is regrettable that the two Bills were generally viewed as a far cry from meeting the country’s constitutional yardsticks as envisaged under Sections 61 and 62 of the Constitution which guarantees freedom of expression, media freedom and access to information[1].

    MISA Zimbabwe is of the view that the Broadcasting Service Act (BSA) “requires extensive amendment” and in addition the government needs “to institute and implement a practical ZBC turnaround strategy that will see the public broadcaster (Zimbabwe Broadcasting Corporation) produce and broadcast modern, quality and relevant public interest programming”[2] .

    The current licensing regime is viewed as prohibitive and service as a barrier to local commercial and private players with interest to take part in Zimbabwe’s media and broadcasting sector. The licensing fees need to be reviewed in line with section 61 (3) of the Constitution which stipulates that Broadcasting and other electronic media of communication have freedom of establishment subject only to State licensing procedures that;  (a) are necessary to regulate the airwaves and other forms of signal distribution; and (b) are independent of control by government or by political or commercial interests.

    Statutory Instrument 33 or 2008[3] requires journalist already registered with the Zimbabwe Media Commission to re-register with the ZEC during an election. This makes it expensive for free-lance journalists and media houses to get their journalists accredited to cover elections.

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    [1] Misa Zimbabwe State of the media 2019 report < https://zimbabwe.misa.org/wp-content/uploads/sites/13/2020/01/State-of-the-media-report-2019-MISA-Zimbabwe.pdf>

    [2] https://zimbabwe.misa.org/2020/02/12/zimbabwes-broadcasting-services-act-requires-extensive-amendment/

    [3] http://archive.kubatana.net/html/archive/legisl/080616zec1.asp?sector=ELEC&year=2008&range_start=211

    Election Dispute Resolution

  • The legal framework must put in place other dispute resolution mechanisms to ensure the peaceful resolution of election related disputes throughout the electoral cycle, including dealing with cases of post-election retribution. Independent commissions should be strengthened, especially the National Peace and Reconciliation Commission (NPRC) and the Zimbabwe Human Rights Commission (ZHRC) to effectively execute their respective roles in electoral matters. Electoral petitions must be time-framed in the Electoral Law. The judiciary must be compelled to avail full judgments within a specified period.

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    Assessment:
    A review high profile cases brought before the judicial courts after the harmonised elections for the 2008, 2013 and 2018 electoral cycles can help us make an assessment of the role that the judiciary has been playing towards the achievement, maintenance and promotion of electoral democracy in Zimbabwe[1]. The judiciary has a role to play in electoral reforms, through adjudication, dispute resolution and recommending legislative and institutional reforms. For Zimbabwe, the judiciary continue to miss, or deliberately evade this important role, thereby proving incapacitated to contribute to meaningful electoral reforms in Zimbabwe.

    A general assessment is that the judiciary has not pushed for electoral reforms; they have not caused any meaningful or progressive movement in the quest for comprehensive electoral reforms.

    In high profile cases, the judiciary has either shied away from comprehensive adjudication by hiding behind technical, procedural prerequisites instead of seizing the moment to develop jurisprudence for use by Parliament and citizens

    [1] The full list of court cases reviewed can be found in the ZESN research paper entitled “Assessment of the Justice Delivery System and its Contribution to Electoral Reforms in Zimbabwe”.

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    Election Day and Results Management

  • The legal framework must be reviewed to ensure a more transparent results transmission system where presidential results from each polling station are transmitted directly to the national results collation centre. Any changes to the results should be made in the presence of observers and political party agents. ZEC should consider the total valid votes cast rather than the total votes cast in the counting of election votes and avoid errors that may necessitate the revision of announced results.
  • Further, ZEC must invest in a real time results transmission system. ZEC must pursue an open data policy that includes the prompt display of election result forms at polling stations for each polling station, disaggregated by demographic variables and post those forms on its website.

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    Assessment:
    In the 2018 electoral cycle, the results management system was not altered significantly. Issues from previous electoral cycles remain, including those related transparency, accuracy and verifiability of results.

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