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1 zimbabwe election support network [zesn] - Nehanda Radio

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The Electoral Act also allows polling to be held over one or more days with polling days as<br />

public holidays, ideally fixed to coincide with a weekend. Before polling begins, every presiding<br />

officer has to count the number of ballot papers received at his/her polling station, and the<br />

count is to take place in the presence of candidates, <strong>election</strong> agents and observers. However,<br />

the number of voting compartments and ballot boxes to be provided in each polling station is no<br />

longer fixed in the Act but left to the discretion of the presiding officer. It is however<br />

recommended that the law should go further and require the Commission to disclose the total<br />

number of ballot papers printed for each <strong>election</strong>.<br />

Postal Voting<br />

In terms of the Electoral Act, postal voting is restricted to disciplined force members and<br />

electoral officers who will be absent from their constituencies on electoral duties, and officials<br />

who are absent from the country on Government service, and spouses of such persons.<br />

However, over the years, postal voting in Zimbabwe has remained controversial, shrouded in<br />

secrecy, inaccessible to observers, riddled with allegations of intimidation, malpractice and<br />

non-transparency. In the 27 June 2008 run-off, members of the security forces reportedly voted<br />

in the presence, and under the directions of Commanding Officers, with juniors allegedly<br />

instructed to vote for the ZANU PF presidential candidate or risk losing their jobs. This practice<br />

constitutes a banal breach to the basic principles that underpin electoral practices. It is strongly<br />

recommended that the doctrine of secrecy that is applied to other electoral processes must<br />

also apply to postal voting. The Electoral Commission should also be given the power to<br />

establish a system that allows Zimbabweans living outside the country to vote by post if they<br />

are unable to return to Zimbabwe to cast their votes.<br />

Counting of Votes and Tabulation of Poll Results<br />

The Electoral Laws Amendment made several minor changes to the way in which votes are<br />

counted and the results of <strong>election</strong>s are collated and announced. When the votes have been<br />

counted at a polling station, the presiding officer will have to record them on a return and post<br />

them up outside the polling station before sending them to the constituency <strong>election</strong>s officer.<br />

This must be done in the presence of the candidates and their agents and will certainly go<br />

some way towards ensuring transparency in the counting process, so long as candidates and<br />

political parties are able to deploy agents at every polling station to witness the counting of<br />

votes.<br />

Procedures for Recounts<br />

Section 67A of the Electoral Act gives candidates and political parties the right to a recount of<br />

votes if they can satisfy the Commission that there are reasonable grounds to believe that there<br />

was a miscount that affected the result. The Act provides that “Within forty-eight hours after a<br />

constituency <strong>election</strong>s officer has declared a candidate to be duly elected in terms of section<br />

66(1), any political party or candidate that contested the <strong>election</strong> in the ward or constituency<br />

concerned may request the Commission to conduct a recount of votes in one or more of the<br />

polling stations in the constituency.”<br />

It also stipulates that the request for a recount made by political party or candidate be in writing<br />

signed by an appropriate representative of the political party or candidate making the request.<br />

The request must specifically state the number of votes believed to have been miscounted and,<br />

if possible, how the miscount may have occurred as well as how the results of the <strong>election</strong> have<br />

been affected by the alleged miscount.<br />

Section 67 A [4] also stipulates that the Commission, may on its own initiative, order a recount<br />

of votes in any polling stations if it considers there are reasonable grounds for believing that the<br />

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