Furthermore, section 156 makes it clear that ZEC must ensure that “whatever voting method is used, it is simple, accurate, verifiable, secure and transparent”. We do not believe ZEC has put in place measures to fulfil this obligation, particularly regarding verification, security and transparency of materials used in the election.
Our Constitution is clear. We are not demanding new rights or new laws. We are simply demanding that existing laws and rights be given full effect. That is not too much to ask. ZEC should be working hard to satisfy contestants, instead of ridiculing them by casting aspersions and suggesting that demands are trivial.
It is constitutional for any citizen or candidate to request any information. s62(1) of the constitution – everyone has a right to access information held by the state which information is needed for the exercise of a right
One great concern is over the state of the voters roll. The process of getting the voters roll as required by law has been as painful and excruciating as extracting a tooth. What we got, late and after pressure, was not consistent with the law.
When we push ZEC, it is not because we are being difficult, no. It is because there is a well-known record of non-compliance by ZEC and the State generally. Need we remind everyone that only 5 years ago, ZEC utterly failed to provide the voters roll. This time we have been vigilant and persistent and we will continue to do so.
But even what we got from ZEC falls short of a credible voters roll. We have said so before and repeat it today, with more emphasis. There are many problems with it, including multiple registrations, wrong names and addresses of voters and serious inconsistencies.
In our view, the voters roll is not fit for purpose. It is not legally compliant and cannot credibly be used as a record to conduct the voting process. It is the document which is used to determine who can or cannot vote and we are not convinced that in its current state it can fulfil that purpose and still lead to a legitimate outcome.
Instead of undertaking to correct the numerous errors and inconsistencies in the voters roll, ZEC has chosen to adopt an arrogant and nonchalant approach which demonstrates that it takes Zimbabweans for granted. Instead of promising to correct problems in the voters roll before the election, the ZEC Chairperson sought to downplay the anomalies, as if it is not necessary to correct them. They were aware of the problems and tried to pre-empt challenges before the election.
Another critical issue of concern, and red line relates to ballot papers. We have long argued that there must be fairness and transparency over the printing and distribution of ballot papers. ZEC has again fallen short on this point, making it impossible to ensure there is fairness and transparency.
Fully cognisant of the fact that it is a function of ZEC to design, print and distribute ballot papers in terms of s239 (g) of the Constitution. That function must not be exercised to the negation and invalidation of the inherent fundamental rights of citizens and election candidates to be involved in a fair and transparent process. (see section 62(1); 67(1) & (3) (a); and (b);155 & 156 of the Constitution).
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