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1 zimbabwe election support network [zesn] - Nehanda Radio

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constituencies. A change to ward-specific voters’ roll meant that that a voter can only vote in<br />

the ward in which he or she is resident and registered to vote.<br />

Besides these structural problems, the delimitation exercise suffered many implementation<br />

snags. Voter registration and inspections were conducted before the finalization of the<br />

delimitation exercise. Insufficient time was given for people to make inputs into the delimitation<br />

process. While the preliminary delimitation report was tabled in parliament for noting on 17<br />

January 2008, only one copy of the Delimitation report was made available to parliamentarians<br />

in the papers office of parliament. The final Delimitation Report was tabled in Parliament very<br />

late in the electoral process, leaving ZEC little time to educate the public on changes to ward<br />

and constituency [House of Assembly and Senate] boundaries. Delays in the delimitation of<br />

boundaries [wards and constituencies] also created confusion for the nomination processes<br />

within political parties, in some cases forcing re-runs of some primaries. Contrary to Section<br />

61A [8] of the Constitution, Parliament is entitled to debate the report and make<br />

recommendations for changes to the setting of constituency boundaries. By end of January<br />

2008, the President had not published the final constituency boundaries as required by the<br />

Constitution and the Electoral Act.<br />

Several legal issues flowed from this defective process. The nomination date was set 15 days<br />

after the date of the proclamation setting the date of the <strong>election</strong>s as 29 March 2008 contrary to<br />

the Electoral Act which requires that the nomination date must not be less than 14 days and not<br />

more than 21 days after the proclamation. The object of fixing a minimum period between the<br />

proclamation and the nomination day is to give political parties an opportunity to decide who<br />

should represent them in each constituency since they can only do so if they know where the<br />

constituencies are going to be. At the time of the proclamation, political parties were not given<br />

adequate opportunity to see the preliminary report, a development that made a mockery of the<br />

nomination process. It also makes a mockery of the Zimbabwe Electoral Commission Act which<br />

requires the Commission to keep the public informed about constituencies and other <strong>election</strong><br />

boundaries. The electorate had not been given any of this vital information prior to the<br />

inspection period. Only at inspection centers was one able to access information pertaining to<br />

the ward and constituency. In future, the Zimbabwe Electoral Commission which is now<br />

responsible for delimiting constituencies and other electoral boundaries must be obliged to give<br />

public notice before embarking on a delimitation exercise and “so far as is practicable within<br />

the time available” entertain representations from political parties and other interested parties<br />

who are likely to be affected by its decisions.<br />

Nomination Processes<br />

The Electoral Law provides for nomination procedures at presidential, parliamentary and local<br />

authority level. A candidate for <strong>election</strong> to the office of President must submit a nomination<br />

paper signed by not fewer than ten persons who are registered on the voters’ rolls for<br />

constituencies within each province. The form specifies a distinctive symbol which the<br />

candidate wishes to appear on the ballot paper in conjunction with his or her name; and if the<br />

candidate is to stand or to be sponsored by any political party, specify that fact, together with<br />

the name of the political party and an abbreviation of such name which the candidate wishes to<br />

appear on the ballot paper.<br />

In the case of <strong>election</strong> to Parliament a parliamentary candidate, must submit a nomination<br />

paper signed by not fewer than ten people who are registered on the voters roll for the<br />

constituency for which the candidate seeks <strong>election</strong>. For local <strong>election</strong> candidates, aspiring<br />

councillors must be endorsed by at least five people whose names appear on the voters roll for<br />

the ward concerned. In all <strong>election</strong>s, nomination papers may be lodged with the Commission at<br />

26

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