By Nyasha Mutena.
(Zimbabwe – News of The South) – It appears the electoral law reform are long overdue with Government yet to review Zimbabwe’s legal framework that address existing flaws, gaps and or inadequacies.
However, the one important question the citizens have been asking is what are some of the inadequacies or gaps that the electoral reforms need to address.
Zimbabwe’s next elections will be held in 2023 but so far there has no sign of meaningful electoral reforms in line with the Declaration of Principles for International Election Observation, endorsed in 2005 under the UN’s auspices.
According to Zimbabwe Election Support Network Compendium of Election Observers Recommendations for Harmonised Elections in 2018, regarding legal framework the Observer Missions state that: “There is need to align and harmonise the electoral laws to comply with the Constitution. The Electoral Act should be amended to align it with the Constitution to prevent disenfrachi-sement.
“The Electoral Act should be aligned with the 2013 Constitution, in particular those provisions related to the constitutional right to vote (including postal voting for homebound voters and those in hospitals and penitential institutions), reinforcement of the independence of ZEC in relation to responsibility for its own regulations, voter registration, and accreditation of observers, as well as the required approval of regulations. Continue to align the Electoral Act with the 2013 Constitution.
“The Mission urges the Government of Zimbabwe to consider expediting alignment of outstanding aspects the Electoral Law to new Constitution.
“The new government which will come into office following the holding of election should prioritise and promote the alignment of laws with the constitution and entrenchment of the spirit of constitutionalism.”
Regarding the electoral framework the Observer Mission says to address some flaws there should be establishment of a Committee on Electoral Reform.
“The Government should establish an all-inclusive electoral reform committee to deliberate on political, administrative and legal reforms that need to enhance the credibility of Zimbabwe’s electoral process.”
So far, Maintenance of Peace and Order Act (MOPA), was been signed by President Mnangagwa into law and is expected to open up democratic space by entrenching the right to demonstrate and present petitions, among other far-reaching freedoms that Government is determined to promote.
The Companies and Other Business Entities Act was also assented to by the President last week.
MOPA replaces the Public Order and Security Act (POSA), which the President previously described as symbol of the old Zimbabwe.
What are needed are electoral reforms aimed at entrenching democratic values and freedoms in line with Vision 2030 of achieving an upper middle income economy.
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