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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>

Pindula News

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

The Election Resource Centre (ERC) has welcomed the appointment of six new Zimbabwe Electoral Commission (ZEC) commissioners.
The six ZEC commissioners took the oath of office before President Emmerson Mnangagwa on Thursday at State House in Harare.
In a statement, ERC challenged the new commissioners to ensure that ZEC fulfils its mandate, that is, to conduct elections efficiently, freely, and transparently. The statement reads:
<blockquote>
The Election Resource Centre (ERC) welcomes the appointment of Catherine Mpofu, Abigail Millicent Mohadi Ambrose, Jane Mbetu Nzvenga, Kudzai Shava, Rosewita Murutare and Shepard Manhivi as Zimbabwe Electoral Commission (Zec) commissioners.
The six are replacing commissioners whose term of office came to an end on July 6, 2022.
In light of this, the ERC encourages the commissioners to conduct their duties in a non-partisan and independent manner as stipulated by the Constitution and in line with their oath of office.
In an environment marred by a ZEC credibility crisis, the ERC reminds the newly-appointed commissioners that their mandate is to ensure that elections are conducted efficiently, freely, transparently and in accordance with Constitution, regional and international principles binding free and fair elections.
</blockquote>
However, the opposition CCC has raised concern over ZEC’s impartiality following the appointment of Abigail Millicent Mohadi Ambrose.
Not only is she the daughter of ZANU PF’s second secretary, Kembo Mohadi and his former wife Tambudzani, a ZANU PF senator, but she struggled to answer job interview questions when she appeared before Parliament’s Committee on Standing Rules and Orders.
<h4>More: <a href="https://www.newsday.co.zw/2022/07/erc-welcomes-new-zec-commissioners/">NewsDay</a></h4>

ERC Welcomes New ZEC Commissioners

The Election Resource Centre (ERC) and the Zimbabwe Election Support Network (ZESN) are observing the voter registration blitz by the Zimbabwe Electoral Commission (ZEC).
In their joint statement on observer deployment, ERC and ZESN deployed volunteers in every constituency who will provide weekly reports on the political environment. Part of the statement read:
<blockquote>
ERC/ZESN Methodology
In order to gather factual and verifiable information on the conduct of the 2022 voter registration blitz, ERC and ZESN deployed one volunteer per constituency who will observe periodically throughout the entire voter registration process and provide weekly reports on the political environment.
These individuals were carefully recruited from local communities following a strict criterion and adhering to gender balance.
These observers underwent a thorough training program on the conduct of the voter registration process, direction on what to observe, and when to report during the voter registration period.
Additionally, while at the training observers signed a code of conduct acknowledging that they were non-partisan.
ZESN and ERC will release periodic reports on the inclusivity, transparency and accountability of the voter registration blitz.
Timeline of Voter Registration Blitz
In late October 2021, the ZEC initially announced that it planned to conduct a voter registration blitz beginning in early December.
The ZEC later detailed that the voter registration blitz would occur simultaneously across all 210 constituencies in two phases, with the first beginning on the 6th of December 2021 concluding on 20 December 2021 and the second phase starting on 28 December 2021 concluding on the 1st of February 2022.
Approximately two weeks prior to the scheduled start of Phase 1 the ZEC postponed the entire voter registration blitz to early February 2022.
The reason the ZEC gave for the delay was to provide additional time for Zimbabweans to obtain national ID cards which is a key requirement for one to register.
The ZEC did not provide the new dates of the voter registration blitz until the 13th of January 2022 and it was at this time when the ZEC announced that the voter registration blitz was to begin on 1 February- 28 February 2022 with the second phase starting 11 April- 30 April 2022.
The lack of sufficient notice and uncertainty of the timeline creates confusion amongst individuals who wish to register or update their registration details.
This also makes it difficult for other stakeholders, including political parties, civil society and observers to adequately prepare to engage in the process.
Issues with Accreditation
While ERC and ZESN appreciate the accreditation extended to their observers by the ZEC, there were a number of administrative challenges that affected the timely deployment of ERC and ZESN’s observers.
In past processes, ZEC conducted accreditation at all the provincial centres. However, ZEC without advanced notification only accredited observers in two provincial centres, Bulawayo and Harare, requiring last minute changes to ERC and ZESN’s training plans, since the observers from all provinces had to travel to either of the centres, this had significant financial implications.
Further, the Accreditation Committee did not meet as announced in advance of Phase 1 of the voter registration blitz.
Instead, the Committee only met on Monday 31st of January 2022 with accreditation at the Harare Accreditation Centre starting on the 1st of February and accreditation at the Bulawayo Accreditation Centre starting on the 3rd of February 2022 (Phase 1 started 1st February).
As a result of the administrative decisions, it was not possible for ERC and ZESN to deploy observers in the first week of Phase 1 of the voter registration blitz as planned. These administrative challenges undermined the civic society oversight of the blitz.
Initial Analysis of the Distribution Voter Registration Centres
On 25 January 2022, the ZEC released a List of Voter Registration Centres for Phase 1 of the Voter Registration Blitz.
As part of its overall observation effort of the voter registration blitz, ERC and ZESN analysed the distribution of voter registration centres.
For the voter registration process to be inclusive it must afford all eligible individuals relatively equal access to register for the first time or update their registration details.
The distribution of voter registration centres can have a profound impact on access to the process and hence its inclusiveness and credibility.
In practice, this means there should be relatively more registration centres in rural areas than urban areas due to lower population densities.
At the same time, registration centres in urban areas, being more densely populated, should generally be open for more days than those in rural areas.
Further, the distribution of voter registration centres should take into account geographic variations in the voting age population (VAP).
While the current blitz is an update of the existing voters list, and only unregistered individuals or those needing to update their details need to register, VAP is still a good indicator of relative demand for voter registration.
In general, areas with relatively higher VAP should have more total days of voter registration than areas with relatively lower VAP for individuals to have equal access to the process.
In practice, while urban areas should have a higher VAP per registration centre, the VAP per day of voter registration should be relatively uniform across the country.
Overall, for Phase 1 of the voter registration blitz, ERC and ZESN’s analysis shows
1. The list is missing registration centres for four constituencies Mutoko East, Mutoko South and Uzumba (in Mashonaland East) as well as Chirumanzu (Midlands).
2. There are more registration centres in rural areas reflecting lower population densities (2,132 vs 582 registration centres).
3. Urban registration centres are scheduled to be open more days than rural ones (2.7 vs 2.1 days) reflecting higher population density.
4. However, urban registration centres are open for an insufficient number of days compared to rural registration centres to provide individuals in urban areas an equal opportunity to register to vote. The VAP per day for urban areas is 1,571 compared to 942 for rural areas. This means that urban centres will have to process 70% more individuals than rural centres to have comparable registration rates.
5. There are 14 constituencies with high VAP per day (over 2,000) that require additional days of voter registration to provide individuals with an equal opportunity to register.
</blockquote>
<h4>More: <a href="https://news.pindula.co.zw/">Pindula News</a></h4>

ERC & ZESN Deploy Observers For 2022 Voter Registration Blitz

INCREASE IN INCIDENCES OF POLITICALLY MOTIVATED VIOLENCE WORRISOME
The Election Resource Centre (ERC) is concerned over the reports of recent incidents of politically motivated violence in Zimbabwe. 
We deplore the incidence of violence at a ZANU PF Provincial Coordinating Committee meeting in Mutare at Marymount Teachers College on 9 October 2021 and attacks of the MDC Alliance convoy between 11 and 12 October 2021 which included stoning cars, barricading roads with burning logs and assaulting members of the MDC Alliance and are certain that most Zimbabweans would wish to disassociate themselves from such acts.
Acts of intimidation and inter- or intra-party-political violence should not be tolerated in a democracy, and those responsible for instigating such violence should be brought to justice.
In this regard, we call for political parties and their leaders to conduct themselves peacefully. There must be a full investigation of incidences of violence and all those found responsible must be held accountable.
The ERC also urges political parties to renounce the use of provocative language and dissemination of misinformation and falsehoods that only promote political tensions, divisiveness, and violence to promote the freeness, fairness, and openness of the political and electoral environment. 
We also call on all parties to respect the democratic principles that are set out in Zimbabwe’s constitution, and which will contribute to a peaceful, just, and democratic society.
Through these principles, a broader peaceful electoral environment can be achieved contributing to a level playing field for all.
Recommendations
Considering the above, the Election Resource Centre, therefore, recommends the following:
To Political Parties:
<ul>
<li>Political party leaders at all levels must publicly and sincerely always condemn violence within their party structures.</li>
<li>Political parties must refrain from perpetrating violence and instigating violations of human rights</li>
<li>Political parties must ensure the protection of the rights to human dignity, personal security, and freedom from torture, or cruel, inhuman, or degrading treatment or punishment as enshrined in sections 51 to 53 of the Constitution of Zimbabwe</li>
</ul>
To the Government of Zimbabwe:
<ul>
<li>ERC calls upon the Government of Zimbabwe to uphold its duty to respect fundamental human rights and freedoms enshrined in section 44 of the Constitution.</li>
<li>ERC also calls upon the Government of Zimbabwe to implement all electoral reforms including those proffered by the Motlanthe Commission.</li>
<li>ERC calls upon the Government to ensure the full protection of fundamental human rights as dictated by international human rights law and the duties and obligations imposed by treaties and conventions that Zimbabwe is a party to</li>
</ul>
To the Zimbabwe Electoral Commission, the Zimbabwe Human Rights Commission and all independent institutions concerned with supporting democracy and ensuring an improved political and electoral environment.
The ERC urges all independent institutions to condemn all forms of violence, support and entrench human rights and democracy as provided for in section 233 of the Constitution.
To the Citizens of Zimbabwe: The ERC encourages the citizens of the Republic of Zimbabwe to refrain from perpetrating violence and to be vigilant in reporting such acts to responsible authorities.
<h4>More: <a href="https://news.pindula.co.zw/">Pindula News</a></h4>

ERC Raises Concern Over Politically Motivated Violence | FULL TEXT

<blockquote>Dear President E.D. Mnangagwa,
Alarmed by the unprecedented challenges to democracy, human rights and governance created by the pandemic, the Election Resource Centre (ERC) nurtured the idea for this open letter.
The aim is to stimulate a national dialogue around key principles safeguarding elections and democracy on the 2-year anniversary of the 2018 Harmonised Elections.
The ERC recognises that this is a very challenging time for the government and people of Zimbabwe, as the country deals with the threats posed by the COVID-19 virus.
The government has already taken some important steps, and others may be necessary to protect those at risk.
However, the pandemic has seemingly left in its wake the reform agenda that had pillared the “New Dispensation”.
It should be noted and applauded that commendable steps have been taken to repeal the repressive POSA and AIPPA laws which had posed a perpetual threat to the principles underpinning a democratic society and free and fair elections.
Such positive steps are key to transforming the credibility of the overall electoral environment.
However, the pace at which the reform agenda is taking place could potentially negate the gains achieved by your administration.
From the advent of your ascension to Presidency in 2017, you gave the basis that would form your leadership, as you stated that your Presidency would be founded on a “New Dispensation”, of which reforms formed the foundation.
In your very first public speech upon your return from enforced exile in November 2017, you assured Zimbabweans that they were “witnessing the beginning of a new unfolding democracy”.
Premised on this new democracy was the alignment of existing laws with the constitution and the changing of the electoral culture in Zimbabwe through advocating for the promotion of accountability, credibility and transparency among State Institutions.
The Minister of Justice, Legal and Parliamentary Affairs, Ziyambi Ziyambi, echoed the same sentiments as he promised that all laws would be fully aligned with the constitution by the end of 2019.
The government also made an undertaking to amend the Electoral Act by mid-2020, according to Foreign Affairs and International Trade minister Sibusiso Moyo who is the Deputy Chairperson of the Inter-ministerial Task Force on Political and Electoral Reforms.
The Minister promised that electoral reforms “will be completed, at the very least, by June 2020, although we aim to complete electoral reforms well before that date”.
However, with two years since the 2018 Harmonised Elections, this promise of expedited reforms is seemingly beyond reach.
The post-2018 election environment has been dominated by non-implementation of key reforms, most of which have been repeatedly raised by election observer groups.
A glaring example is that of the Motlanthe Commission wherein a rare instance of transparency, the government allowed for an open inquest into the 1 August 2018 shootings of protesters in Harare.
However, the Motlanthe Commission recommendations have largely been ignored as the role of the security sector in elections remains a grave cause of concern which impairs the fairness of the electoral environment.
It should be further noted that the Zimbabwe Electoral Commission (ZEC) has taken a piecemeal approach to the alignment of electoral laws, policies and practice with the Constitution and international best practice.
The gradual implementation of reforms has culminated in the bare minimum of recommended reforms being adopted, such as in recent by-elections, the displaying of the voters’ rolls outside polling stations.
The government’s failure to significantly revise key laws or to address the partisan conduct of the state security, traditional leaders and the media undercuts free elections.
The repressive nature of the application of COVID-19 regulations has in more recent times impaired the credibility of the electoral environment.
The COVID-19 regulations have been used to arrest peaceful protesters and arrest critical media personnel.
The lack of reform places a greater burden on state institutions to ensure that their conduct is constitutional outside of existing legislation.
The Zimbabwean government needs to fix all legislation affecting the electoral environment and bring it in line with both the Constitution and with Zimbabwe’s international commitments.
The problems we face are precisely premised on the outstanding electoral reform issues that do not comply with either the Constitution or our international law obligations.
We, therefore, call upon your government to guarantee the full alignment of electoral laws with the constitution and to further guarantee a practice and policy shift that guarantees accountability, credibility, integrity and transparency to ensure a free and fair electoral environment looking at 2023 harmonised elections.
President Mnangagwa, there needs to be a shift beyond mere rhetoric and take genuine steps to level the electoral playing field.
The following five points focus on tangible steps the Government can take to build on the work they are already doing to make the electoral experience more free, fair, transparent, accountable and inclusive.
<ol>
<li>Institutional reform of ZEC looking at the institutional and personnel levels as well as in organisational practices.</li>
<li>Reform of the legal framework for elections looking at the Electoral Act, all electoral regulations and procedures focusing on constitutionality and international best practice.</li>
<li>Reform of the conduct of the state media in electoral processes</li>
<li>Reform of the conduct of traditional leaders in political processes</li>
<li> Reform of the role of the military in civilian affairs</li>
</ol>
Sincerely
Election Resource Centre</blockquote>

FULL TEXT: ERC Open Letter To President Mnangagwa On The Anniversary Of The 2018 Elections

<blockquote>Dear President E.D. Mnangagwa,
Alarmed by the unprecedented challenges to democracy, human rights and governance created by the pandemic, the Election Resource Centre (ERC) nurtured the idea for this open letter. The aim is to stimulate a national dialogue around key principles safeguarding elections and democracy on the 2-year anniversary of the 2018 Harmonised Elections.
The ERC recognises that this is a very challenging time for the government and people of Zimbabwe, as the country deals with the threats posed by the COVID-19 virus. The government has already taken some important steps, and others may be necessary to protect those at risk. However, the pandemic has seemingly left in its wake the reform agenda that had pillared the “New Dispensation”.
It should be noted and applauded that commendable steps have been taken to repeal the repressive POSA and AIPPA laws which had posed a perpetual threat to the principles underpinning a democratic society and free and fair elections. Such positive steps are key to transforming the credibility of the overall electoral environment. However, the pace at which the reform agenda is taking place, could potentially negate the gains achieved by your administration.
From the advent of your ascension to Presidency in 2017, you gave the basis that would form your leadership, as you stated that your Presidency would be founded on a “New Dispensation”, of which reforms formed the foundation.
In your very first public speech upon your return from enforced exile in November 2017, you assured Zimbabweans that they were “witnessing the beginning of a new unfolding democracy”. Premised on this new democracy was the alignment of existing laws with the constitution and the changing of the electoral culture in Zimbabwe through advocating for the promotion of accountability, credibility and transparency among State Institutions.
The Minister of Justice, Legal and Parliamentary Affairs, Ziyambi Ziyambi, echoed the same sentiments as he promised that all laws would be fully aligned with the constitution by the end of 2019. The government also made an undertaking to amend the Electoral Act by mid-2020, according to Foreign Affairs and International Trade minister Sibusiso Moyo who is the Deputy Chairperson of the Inter-ministerial Task Force on Political and Electoral Reforms. The Minister promised that electoral reforms “will be completed, at the very least, by June 2020, although we aim to complete electoral reforms well before that date”.
However, with two years since the 2018 Harmonised Elections, this promise of expedited reforms is seemingly beyond reach.
The post-2018 election environment has been dominated by non-implementation of key reforms, most of which have been repeatedly raised by election observer groups. A glaring example is that of the Motlanthe Commission where in a rare instance of transparency, the government allowed for an open inquest into the 1 August 2018 shootings of protesters in Harare. However, the Motlanthe Commission recommendations have largely been ignored as the role of the security sector in elections remains a grave cause of concern which impairs the fairness of the electoral environment.
It should be further noted that the Zimbabwe Electoral Commission (ZEC) has taken a piecemeal approach to the alignment of electoral laws, policies and practice with the Constitution and international best practice. The gradual implementation of reforms has culminated in the bare minimum of recommended reforms being adopted, such as in recent by-elections, the displaying of the voters’ rolls outside polling stations.
The government’s failure to significantly revise key laws or to address the partisan conduct of the state security, traditional leaders and the media undercuts free elections. The repressive nature of the application of COVID-19 regulations has in more recent times impaired the credibility of the electoral environment. The COVID-19 regulations have been used to arrest peaceful protesters and arrest critical media personnel. The lack of reform places a greater burden on state institutions to ensure that their conduct is constitutional outside of existing legislation.
The Zimbabwean government needs to fix all legislation affecting the electoral environment and bring it in line with both the Constitution and with Zimbabwe’s international commitments. The problems we face are precisely premised on the outstanding electoral reform issues that do not comply with either the Constitution or our international law obligations.
We therefore call upon your government to guarantee the full alignment of electoral laws with the constitution, and to further guarantee a practice and policy shift that guarantees accountability, credibility, integrity and transparency to ensure a free and fair electoral environment looking at the 2023 harmonised elections.
President Mnangagwa, there needs to be a shift beyond mere rhetoric and take genuine steps to level the electoral playing field. The following five points focus on tangible steps the Government can take to build on the work they are already doing to make the electoral experience more free, fair, transparent, accountable and inclusive.
<ol>
<li>Institutional reform of ZEC looking at the institutional and personnel levels as well as in organisational practices.</li>
<li>Reform of the legal framework for elections looking at the Electoral Act, all electoral regulations and procedures focusing on constitutionality and international best practice.</li>
<li>Reform of the conduct of the state media in electoral processes</li>
<li>Reform of the conduct of traditional leaders in political processes</li>
<li>Reform of the role of the military in civilian affairs</li>
</ol>
Sincerely
Election Resource Centre</blockquote>

FULL TEXT: Election Watchdog Writes Open Letter To President Mnangagwa

Zimbabweans are still far from having their basic human rights respected by the government under the so-called “New Dispensation” as evidenced by the brutal crackdown on protesters in January.
Speaking after the recent Harare launch of a report on the 2019 electoral climate, <a href="https://www.pindula.co.zw/The_Election_Resource_Centre" rel="noopener noreferrer" target="_blank">Election Resource Centre (ERC)</a> executive director Tawanda Chimhini said:
<blockquote>The January protests, the closure of democratic space in terms of demos, the beatings of citizens by the police; these were huge red flags that reminded us that we are not out of the woods yet.
They reminded us that the threat of the total breakdown of human rights in Zimbabwe is real.</blockquote>
In January 2019, the government deployed security forces across the country to quell riots that were triggered by an unprecedented fuel price hike that had been announced by President Emmerson Mnangagwa.
Reports indicate that at least 17 people were killed, hundreds seriously injured, more than 1 000 arrested and scores of women raped.
<h4>More: <a href="https://www.newzimbabwe.com/zimbabweans-still-far-from-enjoying-their-basic-freedoms-says-chimhini/" rel="noopener noreferrer" target="_blank">New Zimbabwe.com</a></h4>

Zimbabwe Faces A Constant Threat Of Total Breakdown Of Human Rights - ERC

<blockquote>The Election Resource Centre acknowledges the appointment of the new Chief Election Officer (CEO), Mr Utoile Silaigwana with effect from July 1, 2019.
The appointment fills a vacancy left after the departure of the former CEO, Mrs Chigwamba in March 2018. Mr Silaigwana had been acting as interim CEO following the departure of Mrs Chigwamba.
While the appointment is in terms of the current legal framework for elections, the ERC reminds the Executive, Parliament and the Zimbabwe Electoral Commission (ZEC) that several provisions in the Electoral Act relating to the independence of ZEC remain in contravention of section 235 of the Constitution which states that independent commissions are not subject to the direction and control of anyone.
The unconstitutional provisions limit the capacity of ZEC and its officials to deliver election processes that are credible.
As an example paragraph 4 of the 6th Schedule of the Electoral Act gives the President, unilateral powers to set the conditions of service of the Commissioners.
The independence of the appointment of the CEO remains questionable if the President, an interested party in electoral processes, determines the condition of service of the commissioners who appoint the CEO.
Furthermore, the Electoral Act used in the appointment of the new CEO violates Section 235 of the Constitution by constituting a ten-member Accreditation Committee comprising of five members from the commission and five members nominated by the Executive from the Ministry of Justice, Legal and Parliamentary Affairs, Ministry of Foreign Affairs, Ministry of Home Affairs, Ministry of Women’s Affairs and from the Office of the President and Cabinet.
Section 40i (1) of the Electoral Act undermines the independence of ZEC in deciding who can observe elections in Zimbabwe. Appointing a new CEO whose administration of accreditation of observers will be heavily influenced by the executive has a negative bearing on the credibility of future elections.
In running the Zimbabwe Electoral Commission, the new CEO will have to operate within the confines of Section 192 of the Electoral Act which gives ZEC regulatory powers in the administration of electoral processes.
However, in contravention of the constitutionally guaranteed independence of commissions, these regulatory powers are subject to Ministerial approval as highlighted by Subsection 6 which states that:
Regulations made in terms of subsection (1) and statutory instruments made in terms of subsection (4) shall not have effect until they have been approved by the Minister and published in the Gazette.
A CEO of ZEC who will need the approval of the Minister on Regulations to govern how electoral processes are conducted will definitely suffer confidence deficits from election stakeholders competing for public office with the party from which the Minister is appointed.
In terms of termination of the appointment of the CEO, Section 9 (4) of the Electoral Act makes reference to provisions in the 6th Schedule of the Act which have since been repealed.
Furthermore, Section 9 (5) states that the Commission shall not terminate the services of the CEO on a ground other than one referred to in subsection 4 without Ministerial approval.
In essence, it means that ZEC has hired a CEO that it cannot fire without the Minister of Justice, Legal and Parliamentary Affairs’ approval in contravention of Section 235 of the Constitution on the independence of commissions.
The appointment of a substantive Chief Election Officer, while important for purposes of bringing stability, highlights the need to institute inclusively, electoral reforms.
The Chief Election Officer is assuming a position governed by the very same legal framework for elections that was questioned by observers and election stakeholders.
Changing people while the infrastructure for elections remains unchanged would be an act in futility.
The jury is out on whether the appointed CEO will lead the fight to reinforce the independence of the ZEC and adhere to the constitutional principles of inclusivity and accountability in the administration of all electoral processes.
As the ERC we wait to see if the appointment of the ZEC CEO will transform ZEC into a responsive, service-minded public body that enjoys the confidence of all election stakeholders.
An appointment of the nature made by ZEC must be accompanied by an honest commitment by the body to uphold, protect and abide by the supreme law of the land by disregarding legal provisions that are ultra vires the Constitution.
The ERC encourages government, Parliament and ZEC to embark on exhaustive electoral reforms in an inclusive manner as an urgent matter.</blockquote>

FULL TEXT: ERC Statement On The Appointment of Silaigwana As Chief Elections Officer

A local non-governmental organisation (NGO), the Election Resource Centre (ERC) has called on the government to plan properly to avert the damage caused by natural disasters.
While addressing the media in Harare, ERC executive director Tawanda Chimhini said:
<blockquote>A lot of these disasters could be managed if proper planning is done. The government must represent the people. People look up to the government for protection.
The current situation is very unfortunate and naturally, we would not want to politicise the whole process.
The government should consider prioritising possible future disasters to save lives.</blockquote>
98 people were killed after Tropical Cyclone Idai hit the eastern and southern parts of the country over the weekend.
<h3>Related:</h3>
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<h3><a href="https://news.pindula.co.zw/2019/03/19/govt-did-not-think-cyclone-idai-would-be-so-bad-defence-minister/">Govt Did Not Think Cyclone Idai Would Be So Bad – Defence Minister</a></h3>
</li>
</ul>
More: <a href="https://www.newzimbabwe.com/government-must-prioritise-disaster-preparedness-to-avoid-loss-of-life-erc/">NewZimbabwe.com</a>

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