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1 zimbabwe election support network [zesn] - Nehanda Radio

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votes were miscounted and that, if they were, the miscount would have affected the result of<br />

the <strong>election</strong>.<br />

However, information pertaining to the ground upon which the vote recount was ordered was<br />

largely sketchy and conflicting. The claim by ZANU PF that its candidate requested the recount<br />

citing various irregularities raises the question whether these complaints were lodged within the<br />

confines of the section 67A of there was reportedly no documentary evidence provided despite<br />

requests for this. Without such evidence, the recounting of votes for Senatorial, House of<br />

Assembly and Local Authority seats would be unlawful.<br />

However, in GN 58A/2008, it is apparent that the recount was ordered by ZEC by virtue of its<br />

powers in terms of section 67A [4]. Even in the event that ZEC ordered the recounts, the need<br />

for certainty and finality of the electoral process would require that this, too, be done within 48<br />

hours of the declarations made to duly elect candidates.<br />

In respect of the presidential recount, the common view was that as there are no provisions for<br />

a presidential recount in the Electoral Act, if ZEC were to follow the practice used for recounts<br />

of parliamentary constituencies, a recount could only be ordered after the announcement of the<br />

results. Candidates would then have 48 hours within which to request for a recount on the<br />

grounds indicated in the Act.<br />

There was also concern about the storage and security of ballot boxes and electoral material<br />

since Election Day. Section 70 of the Electoral Act states that once votes have been counted at<br />

polling stations ballot papers and related documents be placed in sealed packets and delivered<br />

to the constituency <strong>election</strong>s officer. The constituency <strong>election</strong>s officer is obliged to store these<br />

in places designated by the Chief Elections Officer.<br />

Media Coverage of Elections<br />

Under the Electoral Act, the Zimbabwe Electoral Commission is obliged to monitor<br />

broadcasters during the <strong>election</strong> period to ensure that they observe these provisions. The Act<br />

empowers the Zimbabwe Electoral Commission, with the approval of the Justice Minister, to<br />

pass regulations governing electoral reporting by the public media. Ideally, a fair and balanced<br />

allocation of time between each political party and independent candidate; each political party<br />

and independent candidate is allowed a reasonable opportunity to present a case through the<br />

broadcasting service concerned.<br />

While advertisements from different political parties appeared though late in state controlled<br />

media as well as air time was also made available to different political parties on state<br />

controlled radio and television stations, the news in the state controlled media continued to be<br />

extremely biased in favor of the ruling party. Also disquieting is that although there have been<br />

reforms to the laws governing media in Zimbabwe, there continues to be no independent radio<br />

or television stations.<br />

Accreditation of Observers<br />

Under the new provisions of the Electoral Laws Amendment Act 2008, all observers are<br />

accredited by the Electoral Commission’s Observation Accreditation Committee. Previously the<br />

Minister of Foreign Affairs was responsible for the invitation of individuals representing foreign<br />

countries, international, regional organizations, and foreign eminent persons to observe<br />

<strong>election</strong>s in Zimbabwe. However, while in terms of the Electoral Laws Amendment Act 2008<br />

such persons can apply to Electoral Commission and Observer Committee for accreditation, it<br />

is instructive to note that the Committee cannot accredit a person if the Foreign Minister objects<br />

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