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To meet its objectives of creating an independent electoral
authority with a clear mandate, the government of Zimbabwe should immediately
withdraw and revise the ZEC Bill to ensure the Commission is truly independent
and impartial.
Reforms should include:
- Revising the provisions regarding the composition of the
proposed Commission. The mainly presidential power of appointments should
give way to a more inclusive system under which those outside the
presidency and the ruling party can provide consequential input into the
appointment of members. The government of Zimbabwe might opt for one of
the five models discussed, that is, the Namibia, Lesotho, Botswana, South Africa, or Mozambique model. These models represent a continuum in terms of
the degree of involvement in the appointment procedure of political
parties, civil society organizations, non-political experts, and
executives.
- Inserting provisions to exclude, at minimum, senior office-holders
in any political party from being eligible for appointment as a
Commissioner.
- Eliminating intrusive ministerial control and direction
over the affairs and functioning of the proposed Commission.
- Removing the provisions that would criminalize “unauthorized”
voter education.
- Addressing and clarifying the confusion over the mandates
of different electoral institutions. The law making provision for the ESC
should be scrapped or amended so that it is not in conflict with the ZEC.
- SADC and its members—together and individually—should
engage and urge the government of Zimbabwe to adhere to Zimbabwe’s commitment to SADC Principles and Guidelines Governing Democratic Elections and
establish an impartial, inclusive, and independent electoral authority.
- SADC should also urge the government of Zimbabwe to comply with the protocol’s principles of freedom of expression, association and full
participation of citizens in the conduct of democratic elections.
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