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The State has withdrawn charges against 39 Zimbabwe Election Support Network (ZESN) and the Elections Resource Centre (ERC) staff members who were arrested on 23 August 202023 for allegedly violating provisions of the Electoral Act.
In a statement issued this Thursday, 30 May, ZESN said the charges have been withdrawn due to lack of evidence. It said:
<blockquote>
The charges against ZESN and ERC Staff and volunteers arrested on 23 August 2023 for purportedly attempting to announce the results of the 2023 Harmonised General elections have been withdrawn due to lack of evidence.
</blockquote>
According to a statement issued by Zimbabwe Republic Police on 25 August 2023, the ZESN and ERC workers were arrested for disrupting the electoral process. The ZRP said at the time:
<blockquote>
The Zimbabwe Republic Police, on 23rd August 2023, arrested 36 suspects following a raid at various safe houses and hotel rooms set up by certain individuals and civic organisations, including the Zimbabwe Election Support Network (ZESN), Election Resource Centre(ERC) and Team Pachedu, for subversive intentions.
The arrest followed a tip-off that the said persons had set up bases and gathered equipment to use for tabulating voting statistics with the intention of unlawfully announcing election results and transmitting same to foreign country for unknown reasons.
The coordinators of the information were hiding at the Holiday Inn Hotel in Harare and were in the process of feeding information to a location in The Grange, Harare, where the Presidential Election results were to be have been announced using a VPN System through a so-called “Apollo” concept.
The results were to be announced on 24th August 2023 at the instigation of Citizen Coalition for Change (CCC). This action was meant to preempt Zimbabwe Electoral Commission (ZEC), which is the sole constitutionally obligated board to announce election results.
The arrested persons are currently in Police custody. As the Zimbabwe Republic Police, we do not regret arresting people who engage in criminal and unlawful activities but in the spirit of promoting national harmony during our election season, the State will not oppose bail.
</blockquote>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

Charges Dropped For ZESN And ERC Staff Arrested In August 2023

The Zimbabwe Human Rights NGO Forum has condemned the arrest of Zimbabwe Election Support Network (ZESN) and the Elections Resource Centre (ERC) staff members by the Police last week.
In a statement released on 28 August, the Forum said the arrest of 39 ZESN and ERC staff members and volunteers who were arrested while conducting lawful, non-partisan election observation work was “disheartening”.
Read the full statement below:
<blockquote>
The Zimbabwe Human Rights NGO Forum (the Forum) stands in solidarity with its fellow civic society organizations — the Zimbabwe Election Support Network (ZESN) and the Elections Resource Centre (ERC) following the arbitrary arrests of 39 ZESN and ERC staff members and volunteers who were arrested while conducting lawful, non-partisan election observation work.
The Forum, in addition to being a consortium of 21 civic-based organizations, also coordinates a total of 21 heads of civic society organizations and networks in the fight to defend and protect civic space in Zimbabwe to which ZESN forms an essential constituent.
The Forum has also collaborated closely with the ERC in ensuring support of institutional election processes that are devoid of instances of organized violence and torture (OVT).
The Forum therefore expresses deep concern over the needless raids of ZESN and ERC workspaces that ultimately resulted in the arbitrary arrest of the 39.
The arrest culminated in the seizure of a range of communication gadgets which included cellphones, laptops and modems on the basis that the group was congregating to collect and collate Zimbabwe’s 23 August 2023 Harmonised Elections poll results in preparation for the unlawful announcement of the election outcome.
Resultantly, the 39 were charged with contravening section 66(A)(1)(a) of the Electoral Act [Chapter 2:13] which speaks to the offence of “purported publication of results prior to the official announcement”.
They were then held incommunicado from 2100hrs on 23 August until around midday on 24 August. During that time, in contravention of the constitution, they were unable to communicate with their spouses, relatives, legal practitioners, doctors or anyone else.
The Forum considers the arrest as an attempt to suppress transparency and accountability around the 2023 Harmonised Elections.
The Forum remains perplexed by the drive behind the dragnet arrests when the Zimbabwe Electoral Commission (ZEC) encouraged parallel voter tabulation by independent bodies ahead of the by-elections last year.
ZEC at the time averred that parallel voter tabulation would help counter claims of vote rigging by the elections management body.
The Forum notes with relief that the 39 were granted bail when they appeared before Deputy Chief Magistrate Ngoni Nduna on 25 August 2023.
We however remain disheartened by the disturbing details that emerged from submissions made by their legal counsel pertaining to the nature in which their arrests were effected including how the group was made to lie down for three consecutive hours by AK assault rifle-wielding police officers.
The terror they must have endured throughout this ordeal, with the youngest of them being just 19 years of age, is unimaginable.
The Forum therefore hopes that their incarceration will not deter our peer organizations from continuing with their good work and efforts towards supporting democratic electoral processes and contributing to transparency around critical phases of the election through independent verification of election results, a practice that is observed globally.
Linked with electoral processes, the Forum and some of its member organisations have received distress calls from presiding officers, polling agents and some observers who are being targeted for the work that they did in the just-ended harmonized elections.
While we note that ZEC has issued a statement refuting allegations of recalling polling officers and observers or victimising them due to their work, we note that if the allegations are true, then whoever is recalling these presiding officers, polling agents and some observers can only be someone with a sinister motive.
The Forum, in reiterating its unwavering solidarity with ZESN and ERC accordingly calls upon the Government of Zimbabwe, at this critical time in the country’s political landscape to:
<ul>
<li>Immediately act to reaffirm its commitment to upholding and defending fundamental human rights and freedoms by abiding by the Revised SADC Principles and Guidelines for Democratic Elections which mandate member states to exercise political tolerance, ensure full participation of the citizens in the political process as well as respect, protect and fulfil the right to freedom of peaceful assembly and association of civic society organizations and citizens collectively;</li>
<li>Openly condemn the conduct of the Zimbabwe Republic Police (ZRP) in its disproportionate use of force when conducting the raids and arrests and calling upon the ZRP to at all times be professional and non-partisan in character as mandated by section 219 of the 2013 Constitution of Zimbabwe and ultimately to</li>
<li>End the unwarranted persecution of ZESN and ERC staff and volunteers by facilitating the full and unconditional dropping of charges against the arrested 39 individuals and the return of the equipment seized.</li>
<li>Ensure that polling agents and observers are protected and are not victimized because of the work they carded out during the elections.</li>
</ul>
</blockquote>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Zimbabwe Human Rights NGO Forum Condemns Arrest Of ZESN, ERC Election Observers

Statement by the Election Resource Centre (ERC) and the Zimbabwe Election Support Network (ZESN) following the announcement of the results of the Zimbabwe 2023 Harmonised Elections:
<blockquote>
Late in the evening on 26 August, the Zimbabwe Electoral Commission (ZEC) announced the results of the Zimbabwe 2023 Harmonised Elections.
As a result of the drastic lengths the government of Zimbabwe took to prevent nonpartisan, independent observation of the counting and tabulation process, the Election Resource Centre (ERC) and the Zimbabwe Election Support Network (ZESN) are unable to verify the outcome of the presidential election.
ERC and ZESN jointly deployed thousands of accredited observers to every province, district and constituency of the country using a statistically-sound sample to systematically observe the elections on behalf of all Zimbabweans, and independent of any other effort.
This includes the collection of publicly available information in order to provide stakeholders and citizens with factual statements on the conduct of the voting and counting process, as well as the tabulation and announcement of results.
All of which is legal and recognized in the electoral act, and has been a routine observation activity in Zimbabwe since 2008.
ZESN deployed sample-based observation (SBO) during the 2018 elections and made public its projections after ZEC declared the presidential election results.
The projections were well received by President ED Mnangagwa who tweeted affirming the SBO projections.
The objective SBO projections were also relied upon by ZEC in the Constitutional Court during the hearing of the presidential petition in 2018.
ZESN and ERC were also encouraged by ZEC, which through the ZEC chairperson, noted that civil society as well as political parties should conduct parallel voter tabulations (PVT) during the 2023 elections.
However, on election night, just as the counting process was concluding in many parts of the country, government security forces raided ERC and ZESN’s data centre, arresting all present staff and volunteers and confiscating all equipment.
They also targeted and seized other staff in nearby locations, in some cases violently.
The security forces’ uncalled and unjustified actions not only prevented an independent nonpartisan verification of the official results as announced by the ZEC but also cast a shadow over the entire election process.
Since election day, ERC and ZESN have continued to receive reports of observers and staff being targeted, threatened, and attacked, including one incident of an observer’s house being torched hours after the declaration of the presidential election results.
This ongoing intimidation and silencing of anyone who can provide verification and transparency to the electoral results by state actors fundamentally undermines their credibility and the credibility of these elections.
ERC and ZESN call on the government to drop the charges levied against our staff and observers, and to take urgent measures to protect and stop harassment of accredited citizen election observers.
To increase the transparency of the tabulation process, we also call on the ZEC to make disaggregated polling station level results publicly available online for all 12,370 stations.
Despite the efforts, often violent, to prevent legal observation of the election, ERC and ZESN are committed to peace.
We call for peace, for anyone who is aggrieved to seek redress through lawful means, and for the Government of Zimbabwe to respect the rights of citizens.
In line with our mandate and commitment to electoral integrity, ERC and ZESN will continue to observe the election during the post-election period through the resolution of election disputes and the taking of office by the duly elected candidates.
</blockquote>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

ERC And ZESN Statement On The Announcement Of 2023 Election Results

State security agents have been accused of forcing polling agents and observers to amend V11 forms used in the 23 and 24 August Harmonised Elections elections amid allegations of rigging.
The V11 forms are signed by all polling agents to confirm results per polling station.
The Elections Resources Centre (ERC), a civil society organisation (CSO), claimed that its observers are being harassed and ordered to sign new V11 forms. It said:
<blockquote>
The observers informed our offices that they were being summoned to polling locations to sign new V11 results forms as there allegedly were errors on previous ones.
In other instances, they were summoned to surrender phones used to communicate with ERC offices on election day.
While the majority of observers have been contacted telephonically, the ERC notes concerning cases in Kariba, Karoi and Makoni where observers have been physically visited at their homes with these requests.
As per the legislative framework on elections, V11 forms by now should be sealed in boxes, which contain election residue and cannot be reopened unless someone requests a recount.
Further, it is through an election petition that the court orders the reopening of election residue to solve an electoral outcome dispute.
</blockquote>
CCC deputy elections officer Ellen Shiriyedenga told <a href="https://www.newsday.co.zw/thestandard/news/article/200015870/v11s-saga-polling-agents-under-siege">The Standard</a> that the party has instructed its polling agents to report to their polling stations, but not to sign new forms. She said:
<blockquote>
We said that they should go, but what’s important, however, is that once results were declared and announced, no change should be made to the V11 or the V23 forms, which is contrary to what has been declared.
They will go, but they will not sign or agree to have ballot boxes reopened.
We told them that they should refuse unless it is a question of clerical errors and not any alterations as projected in the V11 and V23 forms.
</blockquote>
Last week, Police arrested 39 ERC and Zimbabwe Election Support Network (ZESN) observers on charges of planning to prematurely announce election results.
The observers were granted US$$200 bail each on Friday.
The arrests were condemned by the United Kingdom and United States embassies as well as by some election observer missions.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Polling Agents Summoned To Sign New V11 Forms - Report

Police have arrested members of the Zimbabwe Election Support Network (ZESN) and the Electoral Resource Centre (ERC) allegedly for running parallel voter tabulation.
Police spokesperson Assistant Commissioner Paul Nyathi on Thursday said the arrests were made at Holiday Inn, Belgravia, Milton Park and Grange in Harare.
Police seized laptops and cellphones.
The arrests were made despite Zimbabwe Electoral Commission (ZEC) chairperson, Priscilla Chigumba, encouraging civil society organisations (CSOs) to conduct parallel voter tabulation to help counter claims of vote rigging ahead of by-elections in 2022.
<a href="https://newzwire.live/zec-urged-them-to-do-parallel-vote-tabulation-they-did-then-they-got-arrested/">newZWire</a> on Thursday, 24 August, reported that Chigumba urged ZESN to lead a parallel voter tabulation system, which would collate official results in the form of V11s forms.
Addressing a meeting of political parties and observer groups last year, Chigumba said:
<blockquote>
Could CSOs unite and set up a parallel voter tabulation, not only for the by-elections but for 2023? Do you know how that enhances the ZEC process?
Because if all of you have V11s, the certificate of primary evidence, it’s very easy for you to tell whether ZEC has stolen something or it hasn’t.
Listen ZESN, because you did that in 2018, can we ask you to set up a panel of ten CSOs and come up with your own parallel voter tabulation so that in 2023 you can tell us “ZEC, we have all the V11s, the figures are mathematically correct, or mathematically incorrect”.
</blockquote>
The Electoral Law bars anyone from declaring a candidate the winner before ZEC has done so but it is not illegal to collate results from V11s.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

In 2022, ZEC Encouraged CSOs To Do Parallel Voter Tabulation

Full statement by Election Resource Centre (ERC)’s Rudo Motsi on the proclamation of the 23 August 2023 harmonised elections:
<blockquote>
STATEMENT: PROCLAMATION OF THE 23 AUGUST HARMONISED ELECTIONS
The Election Resource Centre takes note of the declaration made by His Excellency President ED Mnangagwa declaring 23 August 2023 as the date for this year’s harmonised elections in accordance with statutory and constitutional provisions establishing electoral timelines. The ERC would like to clarify the following issues:
Electoral Amendment Bill
According to section 157 (5) of the Constitution, after an election has been called, no change to the Electoral Law or to any other law relating to elections has effect for the purpose of that election.
Therefore, the proposed amendments in the current Bill and any future attempts through Bills, Statutory Instruments and Presidential Powers Act to amend will not have an effect on the 2023 Harmonised Election.
The proclamation ends a period of hope that began following the 2018 Harmonised Election where political parties, CSO’s and Election Observer Missions had made recommendations for reform following the elections, which were continually ignored.
Electoral reforms were necessary to restore trust in Zimbabwe’s electoral processes.
Composition of Parliament – Women &amp; Youth Quota
While the proposed Amendments in the Electoral Amendment Bill will not be applicable to the current election, Constitution of Zimbabwe Amendment (No. 2) Act, 2021 extended the 60 proportional representation seats reserved for women and added an additional 10 proportional representation seats for youth.
Therefore, the women’s and youth quota will be implemented based on section 124 of the Constitution, with the Commission expected to provide the prescribed format in which the nominations for the youth quota will take place.
Additionally, as Zimbabwe heads for this critical election, the ERC urges the Zimbabwe Electoral Commission (ZEC) and other relevant stakeholders to address the following issues that have the potential of affecting the credibility of the elections, if not addressed.
Access to the Voters Roll
The Commission has on numerous and critical occasions declined to grant stakeholders access to the electronic copy of the voters’ roll, citing concerns around alleged tampering.
In pursuant to the provisions of s 21 of the Electoral Act, the ERC urges the Commission to avail the electronic copy of the voters’ roll ahead of the election as this will help enhance stakeholder confidence in the electoral process.
Voters Roll Inspection
The ERC also notes concerns raised by citizens during the Voter Roll Inspection process. There are bona fide registered voters, some who voted in 2018, who are not able to verify their registration status and therefore run the risk of unconstitutionally being denied their right to vote. These issues require serious attention to avoid disenfranchising voters.
Alteration to the Voters Roll
The ERC further notes that alterations have been made to voters’ polling stations following the delimitation process. Considering the alterations made to voters’ polling stations, the failure to inform voters of the changes to polling stations or publish lists of the changes has the potential to disenfranchise affected voters on election day.
</blockquote>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Election Resource Centre Statement On Election Date Proclamation

The Election Resource Centre (ERC) has accused the Zimbabwe Electoral Commission (ZEC) of violating the Constitution by failing to publish the voters’ roll ostensibly to protect voters’ data in accordance with the Data Protection Act.
This comes after High Court judge Justice Never Katiyo rejected an application by Harare North MP, Allan Markham, who sought the court to compel ZEC to release the voters’ roll.
He said the release of the electronic voters’ roll would expose the document to manipulation.
But in a statement issued on Wednesday, ERC said ZEC’s reasons for withholding the Voters’ Roll were unconstitutional and will affect the credibility of the elections. Reads the statement:
<blockquote>
The ERC notes the statement made by the ZEC Chairperson Honourable Chigumba in Parliament on 5 April 2023.
The Chairperson is quoted stating that the Electoral Commission is unable to publish the voters’ roll as it has the responsibility to protect the data of voters in accordance with the Data Protection Act.
While the Data Protection Act is there to provide for data protection with due regard to the Declaration of Rights under the Constitution, the act also addresses the protection of data in terms of public and national interest.
Section 11 (5) (h) of the Data Protection Act states that the data controller (ZEC in this instance) shall process sensitive data if, “the processing of data is authorised by a law or any regulation for any other reason constituting substantial public interest.”
Section 21 (3) of the Electoral Act legally authorises the Commission to within a reasonable period of time provide any person who requests it, and who pays the prescribed fee a copy of any voters’ roll either in printed or in electronic form as the person may request.
Therefore, ZEC is legally obligated by the Electoral Act read in line with the Data Protection Act to avail the voters’ roll data, especially as it constitutes substantial public interest as the roll is necessary for electoral participation and the realisation of political rights as envisaged by the Constitution.
The continued denial of the voters’ roll especially, to persons with a legitimate interest in the voters’ roll and free and fair elections, such as political parties, candidates and CSOs under the guise of data protection is unlawful and detrimental to the credibility of the 2023 Harmonised Elections.
The ERC repeats its calls, that the voters’ roll should be made public, as the credibility and validity of the delimitation process and the 2023 Harmonised Elections are dependent on it.
</blockquote>
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

ERC Criticises ZEC For Refusing To Release Voters' Roll

The Election Resource Centre (ERC) has warned that suspending the 2023 general elections which should be held no later than 26 August 2023 will be a major threat to Zimbabwe’s democracy.
In a statement issued this Wednesday, ERC said they have noted increased calls by certain electoral stakeholders calling for the suspension of the 2023 harmonised elections.
ERC said the Constitution of Zimbabwe makes it clear that elections should be conducted every five years, and the term of office of elected government officers is strictly five years. Reads the statement:
<blockquote>
The ERC notes this statement in light of increased calls by certain electoral stakeholders calling for the suspension of the 2023 Harmonised Elections. Elections are central to Zimbabwe’s democracy.
Through elections, the fundamental right of every citizen to political participation is realised and elections guarantee the philosophical-political principle of democracy (people’s power).
Suspending elections would be a clear violation of the rights of Zimbabweans to participate in the democratic process and would be a step away from democratic accountability and has the potential to lead to political instability.
Suspending elections denotes a move away from the hard deadline spelled out in the Constitution where the terms of office of elected officials end on 26 August 2023. This is a threat to Zimbabwe’s constitutional democracy.
Should the elections get suspended, this could lead Zimbabwe to legal lacuna as there is no extension provision regarding terms of office.
Additionally, the ERC would like to reiterate and make it clear that the Constitution is explicit and peremptory in that, where the delimitation report is not completed six months before an election, or where it is deemed unconstitutional, the old boundaries ought to apply for that election and does not envision a suspension of elections.
The constitution makes it clear that power should be acquired only through a periodic election conducted every five years, and the term of office of elected government officers is strictly five years.
There is no legal basis that will allow the current government to legitimately remain in power post-26 August 2023, therefore any proposed suspension of the 2023 Harmonised Elections poses a threat to Zimbabwe’s democracy.
</blockquote>
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

Suspending The 2023 Elections A Threat To Zimbabwe's Democracy - ERC

<h2>Full statement by the Election Resource Centre Zimbabwe (ERCZ) on the Preliminary Delimitation report.</h2>
<blockquote>
On 26th December 2022, the Zimbabwe Electoral Commission took a significant step toward fair representation for all Zimbabwean voters by submitting the Preliminary Delimitation Report to the President of Zimbabwe.
The preliminary report presents the wards and constituencies as delimited by the Commission during the delimitation exercise.
While the report has generally resulted in a more equitable distribution of voters across the 210 constituencies in Zimbabwe, the ERC notes concerns raised by stakeholders on the report.
The main concern is the calculation of the allowable ‘variance’ for the number of registered voters per constituency and ward. 
The alleged erroneous methodology used to calculate the variance potentially discredits the delimitation process.
The underlying principle of the delimitation process is to ensure the equality of the vote. Hence, the ERC urges the Commission to address the concerns raised by stakeholders.
The failure to adequately address the issues raised may result in the final delimitation report being contested and thus affecting its use for the 2023 Harmonised Elections.
A return to the pre-existing 2007/2008 boundaries goes against the principles of the equality of the vote as the boundaries of the current constituencies and wards are grossly unequal.
Inclusivity and transparency in addressing the concerns raised will ensure the buy-in of all relevant stakeholders.
The Electoral Commission is expected to ensure maximum transparency of the procedures and their outcome.
This is vital to guarantee the credibility of the electoral process, secure the confidence of the voters and respect the aspirations of the Constitution.
Given the short time remaining for the delimitation report to be adopted for the 2023 Harmonised Election, ERC calls on all significant stakeholders, in particular the Electoral Commission, Parliament, and Political Parties, to step up, address the issues brought up, and carry out their mandates.
</blockquote>

ERCZ Statement On The Preliminary Delimitation Report | Full Text

ZANU PF says the US$187 000 fee demanded by the Zimbabwe Electoral Commission (ZEC) for the release of a copy of the voters’ roll is too high for the majority of political parties.
ZANU PF spokesperson Christopher Mutsvangwa told <a href="https://www.newsday.co.zw/local-news/article/200003179/were-too-richzanu-pf-says-not-bothered-by-high-zec-fees">NewsDay</a> that ZEC should create an environment that allows all political parties to participate in the democratic process. Said Mutsvangwa:
<blockquote>
The threshold should be lower to ensure a democratic right for everyone. The price will not affect the Citizens Coalition for Change (CCC) or ZANU PF, but it affects all political parties. There should not be a barrier to entry.
</blockquote>
This comes after a number of political parties expressed dismay over the price quoted to the Election Resource Centre (ERC) by ZEC last week for a printed copy of the voters’ roll.
ERC director Babra Bhebe said authorities should intervene to ensure that the voters’ roll is affordable. Said Bhebe:
<blockquote>
The purpose of stakeholders accessing the voters’ roll is that they can do an analysis of the voters’ roll and if there are any anomalies within the voters’ roll, we then share them with the commission for the purposes of improving the quality of the voters’ roll.
Something must be done to reduce the cost of accessing the voters’ roll.
</blockquote>
National Constitutional Assembly (NCA) leader Lovemore Madhuku described the price of a copy of the voters’ roll as ridiculous. He said:
<blockquote>
This is ridiculous and completely unacceptable. ZEC does not seem to be interested in running a fair election.
They want to make sure they tighten every screw as they did with nomination fees. This should be changed as soon as possible.
</blockquote>

Price Of Voters' Roll Too High - ZANU PF

Local electoral watchdogs have urged the Zimbabwe Electoral Commission (ZEC) to conduct the delimitation exercise in a transparent manner.
Speaking to <a href="https://newsday.co.zw/local-news/article/200000305/watchdogs-demand-transparency-in-delimitation-exercise">NewsDay</a>, Election Resource Centre’s legal and advocacy officer Takunda Tsunga said ZEC should carry out delimitation independently and impartially. Said Tsunga:
<blockquote>
The failure to adhere to constitutional principles guiding delimitation when carrying out the process results in marginalised groups or vulnerable communities having less opportunity than other registered voters to participate in the political process and to elect representatives of their choice.
ZEC as the administrative body mandated to carry out delimitation must conduct its duties independently and impartially.
</blockquote>
Tsunga said that if the delimitation process is not transparent, it may lead to disputes ahead of the 2023 elections. He said:
<blockquote>
Delimitation that is not transparent will be the foundation of potential disputes arising in 2023.
Delimitation must draw boundaries in a manner that ensures exclusivity and equality of vote.
While ZEC has taken some steps to carry out consultations, the consultations cannot be considered as ‘public’ as the public has not been given sufficient platforms to participate in the delimitation process.
The lack of public participation will negatively impact public confidence in the process.
</blockquote>
Zimbabwe Election Advocacy Trust executive director Ignatious Sadziwa said:
<blockquote>
Delimitation of electoral boundaries must mirror voter registration and census statistics without favour.
However, we feel that more civic education must be done to conscientise the electorate to allay fears of mistrust and gerrymandering.
If the process is done unfairly, legal recourse will be required as the Electoral Court is tasked to settle such disputes.
</blockquote>
Section 161 of the Constitution says electoral boundaries must be delimited once every 10 years following a population census.
Zimbabwe conducted its latest census during the second quarter of 2022 and ZEC is expected to conduct a delimitation exercise before next year’s general elections.

Electoral Watchdogs Demand Transparency In Delimitation Exercise

The Zimbabwe Electoral Commission (ZEC) has reportedly refused to release a copy of the voters’ roll to the Election Resource Centre (ERC) for analysis.
ZEC’s intransigency has raised fears among election watchdogs that the elections management body wanted to hide something.
Addressing journalists in Harare on Friday, ERC director Barbara Dube said ZEC has refused to release the voters’ roll that was used in the 26 March by-elections. She said:
<blockquote>
In conformity with section 21 of the Electoral Act, ERC requested electronic copies of the current voters’ roll and the roll that was used for the parliamentary by-elections.
To date, ERC has not been provided with the electronic copies of either the current voter roll that was used for the March 26 by-elections.
</blockquote>
The ERC said it analysed publicly available voters’ rolls following ZEC’s refusal and discovered a number of irregularities.
These include the deletion of 98 414 registered voters from 16 constituencies who appeared in the 2018 voters roll and the creation of new polling stations under unclear circumstances. ERC programmes manager Solomon Bobosibunu said:
<blockquote>
There is no explanation why there were more than 98 000 people deleted from the voters’ roll.
We have also had incidents of some people claiming that their names have been deleted from the voter roll yet they are still alive.
Without ZEC having explained to us why it deleted those people from the roll, we remain with those speculative reasons on why it deleted them.
</blockquote>
Dube implored ZEC to provide official periodic and timely copies of the voters’ roll “at important junctures”. She added:
<blockquote>
In some cases, there may be explanations for issues identified and in others, there may be steps that can be taken to address these issues in advance of the major electoral events including the 2023 harmonised elections.
ERC will continue to request ZEC to provide official periodic and timely copies of the voter roll at important junctures (including the end of both phases of the voter registration blitz), at the commencement of the delimitation of boundaries.
</blockquote>
Meanwhile, in a statement issued on Saturday, 28 May 2022, ZEC Chief Elections Officer Utoile Silaigwana said ZEC will not allow for an independent audit of the voters’ roll as it is against the Electoral Act.
Silaigwana said registered voters will be able to check if their names are on the displayed voters’ roll that will be used for the upcoming delimitation exercise on dates to be advised.
<h4>More: <a href="https://www.newsday.co.zw/2022/05/more-rot-on-the-zec-voters-roll/">NewsDay</a></h4>

More Irregularities Unearthed On The ZEC Voters' Roll

Full statement by the Election Resource Centre (ERC) in commemoration of the 2021 Heroes Day.
<blockquote>
ERC Heroes Day Press statement – Did our liberation heroes die for a cause?
The Election Resource Centre (ERC) joins the rest of Zimbabwe in commemorating national heroes day on the 9th of August 2021.
This day is celebrated annually on the second Monday of August in recognition of the sacrifices of all those that fought to liberate the country.
The ERC recognizes the contribution of the liberation war heroes who sacrificed their lives to liberate the country from colonial rule and commemorates the gains attained through the liberation struggle.
These gains include the right to universal suffrage and the right to free and fair elections.
ERC acknowledges how Zimbabwean war heroes and heroines subordinated their personal interests to the collective interest of Zimbabwe.
They accepted and endured pain, suffering and brutality with fortitude even unto death for the right to vote. However, the country is yet to achieve the gains of the liberation struggle.
Forty-one years after independence, Zimbabweans living in the diaspora are still not yet able to vote. There is little efficacy in the conduct of elections in Zimbabwe.
Consequently, the right to universal suffrage which was fought for can only be truly achieved in an environment conducive for free and fair elections.
Consequently, the right to universal suffrage which was fought for can only be truly achieved when the necessary safety nets through reforms to the electoral laws are instituted.
A deep reflection by all electoral stakeholders is important to achieve a credible, free and fair poll.
Zimbabwe can not be free when its electoral laws are defective hence the urgent need for reforms.
Wishing Zimbabwe many happy returns on this year’s National Heroes Day Celebrations!
</blockquote>
<h4>More: <a href="https://news.pindula.co.zw/">Pindula News</a></h4>

Election Resource Centre's 2021 Heroes Day Statement | FULL TEXT

The Electoral Resource Center (ERC) has criticized ZEC for suspending elections without authority from a competent court, Newsday reports.
ERC released a statement and stated that ZEC is not empowered to continually postpone electoral activities via press releases:
<blockquote>While welcoming the efforts of the government in the fight against COVID-19, Zec must be compliant with the law in arriving at any suspension of electoral activities.
Constitutionally, Zec is not empowered to continually postpone electoral activities via Press releases. The continued suspension of all electoral activities, devoid of the adherence to laws which qualify the suspension of electoral activities is constitutional defiance.
Any suspension of electoral activities must be sought by Zec through a court order justifying the continued suspension of electoral activities.
The neighbouring Independent Electoral Commission (IEC) of South Africa recently stated that the lockdown restrictions curtailed political activity, imperilling the freeness and fairness of the elections, which forced the IEC to seek the court’s approval in postponing by-elections, following consultations with political parties.
Transparency, accountability and credibility should underline all the actions undertaken by Zec. Electoral rights are sacrosanct to principles of democracy and due process ought to be respected when limiting them. ERC urges Zec to take the aforementioned calls</blockquote>
<a href="https://news.pindula.co.zw/2020/12/05/underfunding-of-zec-ploy-to-avoid-by-elections/">ZEC which requested more money to hold by-elections</a>, on 7 January released a press statement stating that elections were going to be suspended due to the COVID-19 pandemic.
More: <a href="https://www.newsday.co.zw/2021/01/zec-criticised-for-suspending-elections/">Newsday</a>

ZEC Under Fire For Suspending Elections Without Legal Authority From The Court

The Election Resource Centre (ERC) has described as a “mockery” the allocation by Treasury of only 19% of the Zimbabwe Electoral Commission’s (ZEC) budgetary requirements for 2021.
In a statement on Thursday, the ERC said the failure by the government to financially capacitate ZEC will negatively affect the quality of the 2023 elections. The statement read:
<blockquote>ZEC must start preparations for the delimitation build-up processes and underfunding the commission at this juncture is a mockery to the mandate of the commission and thus derails preparations towards the 2023 elections and has a direct impact on the quality of the elections in terms of universal suffrage and representation.</blockquote>
The ERC also questioned the government’s sincerity towards implementing the necessary electoral reforms due to its failure to fund ZEC. It added:
<blockquote>The financial support coupled with the necessary reforms is the bedrock that anchor electoral processes that meet constitutional benchmarks and regional and internationally agreed standards.
Under-resourcing ZEC does not in any way reflect the government’s sincerity to electoral processes in the country.</blockquote>
<h4>More: <a href="https://www.newzimbabwe.com/under-funding-zec-a-mockery-erc/" rel="noopener noreferrer" target="_blank">NewZimbabwe.com</a></h4>

ERC Questions Govt's Sincerity In Carrying Out Electoral Reforms

The Electoral Resource Centre (ERC) says the Electoral Act places the Zimbabwe Electoral Commission (ZEC) in a judicial role in the process of filling vacant seats in Parliament.
In its legal opinion on the role of ZEC in filling PR/Senate vacancies that have arisen in Parliament, the ERC argued that the Electoral Act places ZEC in a quasi-judicial role during the process of filling a party-list seat and gives it discretion which it must exercise reasonably. The ERC said:
<blockquote>Arguably, the provisions of the Electoral Act place ZEC in a quasi-judicial role during the process of Filling a party-list seat.
While it has mandatory duties to publish notifications of party-list vacancies when it is informed by Parliament and to invite the political party to submit a replacement, it has a key role in determining the validity of objections submitted by voters and the representations of the political party.
At both stages, ZEC plays a quasi-judicial role as it must consider the validity of objections and the political party’s representations.
This role requires weighing of the evidence submitted by both the objector and the political party. ZEC can either accept or reject the objections.
Similarly, it has the option to uphold or reject the representations made by the political party. In short, the Electoral Act gives discretion to ZEC, which it must exercise reasonably.</blockquote>
The ERC argued that in the case of the vacant seats created by the expulsion of MDC Alliance MPs by the judicially-created MDC-T, ZEC must look at the political parties to which it allocated seats in the 2018 election. It said:
<blockquote>In this case, that political party is the MDC Alliance. ZEC cannot allocate party-list seats to a political party that was not part of that original formula.
ZEC ought not to be dragged into the internal politics of the political party that it recognised and allocated party-list seats in 2018.
In the filling of the current vacancies, ZEC must deal with the political party it allocated seats in terms of the formula in 2018 and let the feuding members or components resolve their disputes.</blockquote>

Electoral Act Gives ZEC A Quasi-judicial Role In Filling PR/Senate Vacant Seats - ERC

A civil society organisation has called for the Zimbabwe Electoral Commission (ZEC)’s report on the 2018 elections to be made public.
The Elections Resource Centre (ERC) executive director, Tawanda Chimhini, said that the Electoral Act stipulates that the report on elections should be tabled before Parliament so that it can be opened up to public scrutiny.
Speaking to NewsDay on the sidelines of an ActionAid workshop on ACDEG held in Kariba, Chimhini said:
<blockquote>Zec has already submitted its report on the 2018 elections, but as civic society, we feel that their report concentrated more on administrative issues and that they got money for the elections, conducted voter registration, came out with a voters roll, ran polling day and appeared in court as respondents.
If these electoral reforms are not done we might end up getting into 2023 elections. We also need to use by-elections to test the effectiveness of the reforms that have been proposed.</blockquote>
However, they submitted their report to the Justice minister, but the Electoral Act further stipulates that Zec must give the report to the President, the Speaker of the National Assembly and candidates during the 2018 elections, but Zec has not fulfilled that yet.
Meanwhile, Zec commissioner Joyce Laetitia Kazembe said that the 2018 elections report was submitted on February 14 this year in accordance with the Electoral Act through the Justice minister Ziyambi Ziyambi. She said the Minister is the one responsible for tabling the report before Parliament. She said:
<blockquote>In the report, we actually covered everything that deals with elections including the role of the security forces, of which the law says they must not be involved in the actual process. They should just be there to provide security. We also indicated the role of civil society and political parties during elections.</blockquote>
<h4>More: <a href="https://www.newsday.co.zw/2019/08/csos-urge-transparency-accountability-in-polls/" rel="noopener noreferrer" target="_blank">NewsDay</a></h4>

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