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Writer's pictureKudakwashe Bandama

Rethinking Electoral Reforms in Zimbabwe: The Challenges of Electoral Change in a Controversial System

Pic Credit: New Zimbabwe

The government of Zimbabwe, through Minister of Justice, Legal and Parliamentary Affairs Ziyambi Ziyambi, has announced significant changes to the voter registration and boundary delimitation processes. These changes include the introduction of automatic registration for citizens turning 18 and the automatic removal of deceased individuals from the voter roll upon issuance of a death certificate. Notably, the responsibility for voter registration will be transferred from the Zimbabwe Electoral Commission (ZEC) to the Department of Civil Registry (CRD). Additionally, the Minister proposes to shift the boundary delimitation responsibility from ZEC to an independent boundary delimitation commission.

 

Implementing changes to an established system is challenging, particularly when the entity responsible for implementation is surrounded by controversy. The issue at hand is not resistance to change itself, but rather the implementing agency's history of being held accountable for various shortcomings. These range from poor communication of procedures to logistical failures, such as insufficient ballot papers during elections. It is important to note that accountability is not inherently negative. In this context, the desire for accountability stems from the need for the institution to implement inclusive measures. These measures should ensure full, uninterrupted political expression for both voters and candidates, regardless of their affiliation. The goal is to create a fair and transparent electoral process that serves all Zimbabweans equally.

 

Role of the Commission in ensuing inclusivity

The ZEC, as the country's primary Election Management Body (EMB), plays a crucial role in ensuring inclusion and fair electoral processes. However, ZEC has faced persistent criticism for allegedly creating structural barriers that limit participation and narrow the electoral playing field. These criticisms form the backdrop against which the proposed changes to Zimbabwe's electoral system must be evaluated. Given this backdrop, the proposal to shift voter registration from the Commission to the CRD could be seen as another measure to curtail inclusion and, consequently, participation. This migration is coupled among other changes, Automatic Voter Registration (AVR) for individuals whom the system detects as having turned 18. This directly increases voter registration which is an overall benefit for the health of elections.

 

In several countries, the custody of the voter roll remains with the Electoral Commission, which is empowered to manage and maintain it. This paper then argues that despite the benefits that may be reaped from this migration, the management of elections and election related activities and administration should not be within the purview of a government department.

 

Election Management Bodies (EMB)’s have the responsibility of “organising, monitoring and certifying” elections. What this presupposes is that the Commission has been allocated the authority and resources to effectively carry out this obligation and ensure that through all the phases of the election cycle, the confidence of the voter is upheld.

 

What are we trying to cure?

The proposed changes to Zimbabwe's electoral system raise important questions about the underlying issues they aim to address and their potential effectiveness. While reforms often seek to improve existing processes, in this case, it's crucial to examine whether the identified problems truly necessitate such significant changes to the ZEC’s role.

 

The stated goals of these reforms - simplifying and securing voter registration, increasing participation, improving data accuracy, reducing costs, and engaging underrepresented groups - mirror the original objectives that led to the establishment of ZEC itself. This similarity prompts a critical examination of whether the proposed changes truly introduce new efficiencies or merely highlight existing deficiencies within the Commission.

 

Given that these aims align closely with ZEC's foundational purpose, one could argue that the proposed migration of responsibilities does not address novel challenges but rather points to the Commission's failure to fully realize its mandate. This perspective suggests that the root issues may lie not in the structure of the electoral system, but in the execution of ZEC's responsibilities.

 

Ultimately, this situation raises broader questions about institutional effectiveness and reform. Rather than transferring responsibilities to other entities, it may be more beneficial to address the underlying factors that have prevented ZEC from achieving its goals. This approach could involve strengthening ZEC's capabilities, improving its processes, or enhancing its accountability mechanisms to better fulfill its original mandate of ensuring inclusive and fair elections in Zimbabwe.

 

The Importance of an Independent Electoral Commission for Democratic Integrity

The ZEC as a Chapter 12 institution is an entity empowered with supporting democracy. Within this context, democracy refers to the administration of activities that ensure the effective implementation of democratic principles and this is a function that is and should remain housed in the Electoral Commission. The Constitution of Zimbabwe clearly defines the obligations of the ZEC such as:

 

On voter registration:

(1)    Voter registration shall be conducted by the Commission through its voter registration officers (who shall be employees of the Commission and who may be appointed to this office conjunctively with any other office as an electoral officer) or any persons whom the Commission may from time to time appoint to assist in voter registration. Electoral Act 18 (1)

 

On the Voters roll, the Electoral Act further outlines that:

 

1)    The Commission shall keep and maintain in printed and electronic form a voters roll for each polling station area, containing the names of all registered voters who may vote in that area. Electoral Act 20 (1)

 

The above reference outlines the mandated responsibilities of the Commission, and considering that the proposed amendments seek, in part, to undo these through an abrogation of responsibility, one could argue that the utility of the Commission as an entity would be questionable

 

Evaluating trust and building effectiveness

Considering the proposed changes, it can be argued in part that they align with global best practices. However, until the confidence of the electorate is cultivated, such amendments could perpetuate allegations of malpractice. In contrast, it can also be suggested that this migration would enhance the system's efficiency however, there is insufficient evidence of past efforts to support this drive for efficiency. One could argue that the introduction of the Biometric Voter Registration (BVR) system was a past attempt at operational efficiency; however, the 'unclean' voter register, “unholy alliance” with the ruling party and technical operational inefficiency raised doubts about the sincerity of this change.

 

Perhaps these amendments reflect progress and the evolution of democratization in Zimbabwe, where cumbersome voter registration processes are eliminated. However, without a strengthened Commission—which, before granting authority to the CRD, has already demonstrated its operational efficiency—these changes would remain disconnected from true progress.

 

The Electoral Commission should be fully empowered to conduct all election-related activities. Through its operational effectiveness, the ZEC should cultivate the trust of the electorate in all election-related processes or changes, ensuring that its integrity remains unquestioned. It can be argued that once this trust is established, migration processes aimed at enhancing security, efficiency, transparency, or integrity would be more easily adopted.

 

Conclusion

Beyond the points above, there is a need for socio-political consensus on electoral reforms, especially when the current responsibilities of the Commission have yet to be fully fulfilled. If these changes are to be implemented, a detailed implementation plan should be developed, along with the establishment of a "cross-party" committee and a team of technical experts to monitor the migration process. In this regard, requisite capacity-building efforts must be undertaken to ensure that sensitive election data is not compromised through generic administrative handling. This paper remains of the view the election administration and related activities should remain within the ambits of the Commission and that capacity building effort at varying degrees should be undertaken to bolster the operational capability and efficiency of the Commission.

 

Kudakwashe is a versatile specialist in African democracy and governance, specializing in policy analysis, youth political engagement, election research, and offering technical assistance for capacity-building projects to enhance democracy throughout Africa.

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