Harare, Zimbabwe (News of the South)-The Election Resource Centre (ERC) has commended the Zimbabwe Electoral Commission (ZEC) for publicly admitting that the laws that guide the conduct of electoral processes in Zimbabwe are weak and flawed thus hampering its ability to effectively act on irregularities.
This week ZEC chairperson Rita Makarau admitted that the Electoral Act needed to be aligned with the Constitution so as to facilitate free and fair elections in the country.
However ZANU PF’s Prof Jonathan Moyo denied the need for an alignment stating that what is actually needed is the actual amendment of the Constitution.
The admission by ZEC resonates with continued calls by the ERC and other stakeholders on the need to urgently align electoral laws with the Constitution of Zimbabwe, as a first step towards constitutionalism, a level playing field and credible elections.
In September 2015, the ERC and 14 other civil society organisations petitioned Parliament urging election authorities to take a serious approach towards electoral reform.
The ERC has however called on ZEC to take its stand as the country’s electoral body and see to the fairness of any future elections.
“Notwithstanding that electoral laws must be aligned with the Constitution, the ERC asserts that it is incumbent upon ZEC to ensure a free and fair election as mandated by Section 239 of the Constitution of Zimbabwe”.
“The section states that ZEC must give instruction to persons in the employment of the state or of a local authority for the purpose of ensuring the efficient, free, fair, proper and transparent conduct of any election or referendum”.
“And to receive and consider complaints from the public and to take such action in regard to the complaints as it considers appropriate”, it said.
The organisation dismissed the creation of excuses by ZEC.
“The Electoral Commission must therefore not make excuses based on some sections of the Electoral Act that remain unaligned with the Constitution, as they are unconstitutional”.
“It is therefore imperative to take measures in fulfillment of the constitutional mandate among them, ZEC must summon and caution political parties and candidates engaging in behavior which compromises the freeness and fairness of elections”.
“Publicly condemn political parties and candidates engaging in behavior which compromises the freeness and fairness of elections, publicly instruct the Zimbabwe Republic Police (ZRP) to take action against perpetrators of election related violence and intimidation”.
“Encourage the Zimbabwe Human Rights Commission to effect the functionality of the Special Investigative Committee in line with Section 133 (h) of the Electoral Act”, it says.
The ERC says while Section 157(4) of the Constitution mandates ZEC to participate in law making by way of being consulted, the same provision does not take away ZEC’s responsibility to publicly initiate electoral laws that reduce election related violence and intimidation.
“The ERC therefore encourages ZEC not to use weak laws as an excuse, but to act on irregularities which have a direct bearing on its constitutional mandate to ensure free, fair and credible elections”, it added.
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