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1 zimbabwe election support network [zesn] - Nehanda Radio

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None of the changes made by the Act will have much effect on the functioning of the<br />

Commission unless the Commission’s members are perceived to be politically independent,<br />

efficient and dedicated to ensuring that <strong>election</strong>s are held in accordance with the law. The<br />

importance of the impartiality, all-inclusiveness, competence and accountability of the<br />

Commission is emphasized. The method of appointment of Commissioners should be changed<br />

to reassure political parties and the electorate that Commissioners will be impartial. ZEC should<br />

be appointed with the participation of opposition parties and key stakeholders. The s<strong>election</strong><br />

process of commissioners should be transparent and engender confidence in all stakeholders.<br />

These s<strong>election</strong> processes should also ensure that gender marginalized and special needs<br />

groups and youth participation or representation is achieved.<br />

Adequate, competent and qualified personnel should also staff ZEC. It is necessary to ensure<br />

the independence of the ZEC including financial autonomy. Commissioners could each be<br />

given areas of responsibility to enhance accountability. The law could require the<br />

commissioners to divide among themselves responsibility for the Commission’s different<br />

activities so that each commissioner would be responsible for a particular activity and in this<br />

way promote equal participation by all Commissioners. An alternative way of distributing<br />

functions between Commissioners would be to give each Commissioner the responsibility for a<br />

particular province.<br />

Electoral Framework<br />

Elections in Zimbabwe have since independence been conducted within the first past the post<br />

[FPTP] electoral system, a practice that was inherited from the Westminster-type plurality or<br />

single member district [SMD] system, in which the candidate with the highest number of votes<br />

wins. Implied in this framework is that a winner with less than 51 percent of voters in<br />

constituency may be elected. However, the growing perception is that such “winner-take-all” or<br />

“zero sum” electoral frameworks are no longer consistent with the unfolding political and<br />

leadership challenges. This exclusionary approach generates tension in an environment. The<br />

solution to the political stalemate in Zimbabwe lies in an electoral paradigmatic shift to more<br />

inclusive, accommodating, win-win electoral systems based on proportional representation [ for<br />

the Senate] and mixed electoral systems [for the parliament].<br />

While in past <strong>election</strong>s a presidential candidate with the highest number of votes, even if below<br />

50% of the electorate would be eligible for presidency, in the 29 March Election, for a<br />

presidential candidate to be eligible, he/she had to garner not only the traditional majority vote,<br />

but also a stipulated 50% + 1 vote. In the event of failure to meet the requirement, the Act<br />

provided for a run-off. However, the system remains winner-take all.<br />

Amendments to relevant pieces of legislation such as the Public Order and Security Act<br />

[POSA], Access to Information and Protection of Privacy Act [AIPPA] and the Broadcasting Act<br />

have also added a competitive edge to the electoral environment. However these amendments<br />

were rather piecemeal and also lacking in citizen input. Furthermore, there was a reversal to<br />

some of the reforms made on the eve of the 29 March Election through a presidential<br />

proclamation. A case in point was the reversal of the reform requiring police officers to be<br />

stationed 100ms from polling stations. Compliance has also been on the low side as MDC<br />

“Freedom Marches” on 23 January 2008 were cancelled.<br />

22

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