Justice, Legal and Parliamentary Affairs Committee report on the

Electoral Amendment Bill Public Hearings from 2 May to 7 May.

Thank you Madam Speaker for this opportunity. I rise to present the report of my
Committee, the Portfolio Committee on Justice, Legal and Parliamentary affairs on
the Electoral Amendment Bill.
ORDERED IN TERMS OF STANDING ORDER No. 159:
(1) At the commencement of every session, there shall be as many Committees to
be designated according to Government portfolios as the Standing Rules and Orders
Committee may deem fit.
(2) It shall be the function of such Committees to examine expenditure administration
and policy of Government departments and other matters falling under their
jurisdictions as Parliament may, by resolution determine.
(3) The members of such Committees shall be appointed by the Standing Rules and
Orders Committee, from one or both Houses of Parliament, and such appointments
shall take into account the expressed interests or expertise of the Members and
Senators and the political and gender composition of Parliament.
(4) Each select Committee shall be known by the portfolio determined for it by the
Standing Rules and Orders Committee.

TERMS OF REFERENCE OF THEMATIC COMMITTEES
STANDING ORDER No. 160
Subject to these Standing Orders, a Thematic Committee shall:
1. Consider and deal with all Bills and Statutory Instruments or other matters which
are referred to it by or under a resolution of the House or by the Speaker of the
House;
2. Consider or deal with an appropriation or money bill or any aspect of an
appropriation or money bill referred to it by these Standing Orders or by or under
resolution of this House;
3. Monitor, investigate, inquire into and make recommendations relating to any
aspect of the legislative programme, budget, rationalisation, policy formulation or any
other matter it may consider relevant of the Government department falling within the
category of affairs assigned to it, and may for that purpose consult and liaise with
such a department;
4. Consider or deal with all international treaties, conventions and agreements
relevant to it, which are from time to time negotiated, entered into or agreed upon.
On October 17, 2013, the Speaker announced that the Committee on Standing
Rules and Orders had nominated the following Members to serve on the
Parliamentary Portfolio Committee on Justice, Legal and Parliamentary Affairs
(Committee)
Hon. Beremauro G.
Hon. Chikomba L.
Hon. Chapfika D.
Hon. Chikwinya N.
Hon. Gonese I.
Hon. Kachepa N.
Hon. Nyahwo A.
Hon. Kuruneri C.T.
Hon. Majome J.
Hon. Makoni R.R.
Hon. Mashayamombe S.
Hon. Matangira T.R.
Hon. Mawere Mibvumbi R. N.S.Y.
Hon. Mutematsaka C.
Hon. Mtingwende T.
Hon. Muzungu Masaiti E.
Hon. Nkatazo M.M.
Hon. Shumba D.
Hon. Tshuma B.
Hon. Tsunga A.
Hon. Zindi I.
(Chaiperson Hon.Majome J.).

1. INTRODUCTION
1.1.As part of its mandate to consider, call for and receive evidence from the public
on every Bill that stands referred to the Committee after its publication in the
Gazette, the Committee has deliberated on the Electoral Amendment Bill [S.B. 7,
2013]. The Bill was gazetted on January 3, 2014 and had its First reading in the
Senate on February 6, 2014 and received a non-adverse report from them
Parliamentary Legal Committee.
1.2. The Committee is indebted to the Minister of Justice, Legal and Parliamentary
Affairs, Hon. Emmerson Mnangagwa and the leadership and administration of the
Parliament of Zimbabwe for allowing the Committee the opportunity to. . . ensure
that interested parties are consulted about Bills being considered by Parliament. . .
as required by Section 141(b) of the Constitution of Zimbabwe.
1.3. The Committee is also grateful to the Southern African
Parliamentary Support Trust (SAPST), Parliaments development partner, for making
the outreach exercise possible.
1.4. What emerged from this outreach exercise is that the subject of elections and
the electoral law is of great importance to the populace. Whilst some of the
contributions that were made were not directly on point with the proposed
amendments to the Electoral Act, we record them here-in for their value as they may
be informative when the countrys electoral laws are being consolidated.


2. OBJECTIVES
2.1.To conduct an analysis of the proposed amendments to the Electoral Act
[Chapter 2:13].
2.2. To consult with interested parties throughout Zimbabwe on the proposed
amendments to the electoral law.
2.3. To recommend to the Executive specific provisions of the Bill, which have short
comings.


3. METHODOLOGY
3.1. The Committee deliberated on the Bill during one of its Committee meetings.
3.2. Further, the Committee held public hearings from the 2nd to the 7th of May in
Rushinga, Gweru, Plumtree, Bulawayo, Nyika Growth Point, Mutasa, and Harare.
3.3. The Committee also received written submissions on the Bill from various
organisations and individuals.
3.4. On the basis of its analysis and findings from the public
hearings and submissions, the Committee hereby presents its
Report.


4. COMMITTEES FINDINGS
The Committee gathered the following views from the public hearings and
submissions:
4.1. The Process of Legislating the Bill
4.1.1. There was general consensus that consultations on proposed legislation
should start before Bills are introduced in
Parliament. Members of the public called on Parliament to
avail Bills, via MPs, ahead of public hearings for the public
to make informed contributions.
4.1.2. In addition, Zimbabweans called on Parliament to improve the publicity of the
hearings. There was a general feeling that the participants who attended the public
hearings were not representative of the various communities and that
Parliament should make an effort to cater for rural communities during public
hearings.
4.1.3. Participants further called on Parliament to take it upon itself to educate the
public on the purpose of public hearings so that public consultations are meaningful.
4.1.4. Participants also called for the Bill to be published in all the officially
recognised local languages.

4.2. Voter Registration
4.2.1. There was a general call for voter registration to be simplified and accessible,
e.g. one should be automatically registered when applying for a national I.D.
Participants indicated that youths and women face tremendous problems when
registering as voters due to stringent requirements such as proof of residence and
affidavits. Some opined that the requirement should just be a national I.D., while
others opined that proof of residence should be widened to include documents like
medical cards, baby clinic cards, passport, drivers licence or such other documents
that bear the identity of an individual. The onerous nature of the voter registration
requirements was also mentioned in relation to aliens.
4.2.2. There was also consensus that voter registration and verification should be
done well in advance of the polling day. Mobile registration of voters as well as
issuing of identity documents should cover all wards and be done periodically, not
just before elections. Registration offices should be located in communities. Online
voter registration should be introduced given the widespread use of mobile phones
across the country.
4.2.3. However, participants had different views on who should conduct voter
registration; some said that ZEC should be in charge of voter registration as required
by S239 (c), (d) and (e) of the Constitution, while others preferred the Registrar-
General. Others called for the number of those registered to vote in a ward to be
known in advance so as to curtail rigging.
4.2.4. There were also divergent views on the issue of voting slips. Some
participants pointed out that the use of voter registration slips is not transparent
they should be abolished and voters should be issued with electronic voting cards
instead. Others, however, simply called for voting slips to be made fool-proof, e.g.
watermarked, to avoid duplication.
4.2.5. It was also proposed that the voter registration process should not be presided
over by party officials: Government offices should be manned by professionals, not
party activists.

4.3. Voter Education
4.3.1. Participants called for the Bill to be clear on issue of voter education, civic
education and information dissemination as these processes tend to be treated as
the same thing by ZEC and law enforcement agents. Some participants submitted
that, because ZEC does not have the capacity to conduct voter education, civic
society organisations should be allowed to complement ZEC on voter education.
Others only went as far as calling for voter education to be decentralised.
4.3.2. However, there was general consensus that voter registration should be a
continuous process rather than just being conducted before elections. There was
also general agreement that voter education should cater for the disabled and
election material and instructions should be written in local languages.

4.4. Voters Roll
4.4.1. There was a divergence of view on the voters roll.
While some participants called for the voters roll to be compiled by ZEC as required
by Section 239 of the
Constitution, to be made available to the public, contesting parties and other
stakeholders in good time and online, others called for its abolition in favour of the
use of national I.D. (as was the case in 1980) when voting.
4.4.2. However, there was consensus that the Bill should provide for a mechanism to
clean up the voters roll to remove the names of deceased people that still appear on
the voters roll. Participants suggested that the deletion of deceased people on the
voters roll should be automatic upon application of a death certificate and at the
same time the process to correct misspelt names should be hassle-free.

4.5. Zimbabwe Electoral Commission
4.5.1. Participants submitted that ZEC should be fully independent from the
Executive as required by Section 235 of the Constitution. To that end, participants
submitted that
ZEC should be adequately funded by Government and its budget should be
independent; no foreign funding should be allowed.
4.5.2. Participants also called for apolitical Commissioners to be nominated by and
accountable to Parliament. The same impartiality should extend to the Commission
secretariat and all polling officers. To that end, participants submitted that military
and security personnel should not be involved in the running of elections. Instead,
ZEC should take full responsibility of all electoral processes and decentralise its
offices to districts.

4.6. Observers and polling officers
4.6.1. Participants submitted that the Bill should ensure that
ZEC is responsible for the invitation and accreditation of local and international
observers as well as clarifying the role of observers. In addition, foreign election
observers should be required to be neutral.
4.6.2. Participants also requested that the Bill ensures that the selection of polling
officers should not be restricted to civil servants.

4.7. Media Coverage
4.7.1. The public called for the Bill to guarantee fair and equal media coverage for all
contesting parties by state media.
4.7.2. Some opined that electoral information should be published in the media for
wider publicity.

4.8. Special Vote
4.8.1. There were divergent views regarding the special vote.
Some called for the special vote to be abolished because it is not transparent and is
open to manipulation. Instead, civil servants recruited as polling officers should be
deployed in wards where they are registered so that they can exercise their right to
vote. Some suggested that uniformed forces should be disenfranchised because
they are loyal to one party or there should be mechanisms to ensure that they are
neutral.
4.8.2. However, others called for special voting to be maintained and be made
transparent so as to cater for those involved in election duties. In addition, special
voting should also apply to other categories of voters, e.g. pregnant women, those
that may be hospital patients during the time of polls and prisoners.
4.8.3. Some participants called for Zimbabwean citizens in the Diaspora to be
allowed to vote as the Constitution
(Section 67) guarantees the right of all Zimbabwean citizens to vote. They suggested
that the Bill should create a mechanism to allow those in the diaspora to cast their
votes at the respective embassies in the countries where they are resident.
4.8.4. Some participants argued that those Zimbabweans in the diaspora who want
to vote should come and vote in Zimbabwe. Postal votes should be reserved for
those who have gone out of the country on official government business.

4.9. Assisted Voters
4.9.1. As for assisted voters, some participants called for the
Bill to disqualify police and presiding officers from assisting voters as this may
intimidate voters. Instead, assisted voters should be allowed to choose assistants of
their choice. And as a way of deterring fraud, participants suggested that the Bill
should ensure that those who feign illiteracy are arrested.

4.10. People Living with disabilities
4.10.1. People living with disabilities were of the view that the
Bill should allow them to choose their own Senator representing the disabled via
their own associations.
4.10.2. Participants also called for specially designed booths for the disabled, as well
as Braille electoral material for the blind.

4.11. Gender Equality
4.11.1. The Bill should be clear on issues of gender equality to ensure that the
50% womens quota threshold in S17 of the
Constitution is clearly implemented and guaranteed in all elections. The language in
the Bill should be gender sensitive.

4.12. Polling Stations
4.12.1. Regarding polling stations, participants opined that the elections should now
be polling station based and suggested that the Bill require ZEC to consult with
communities on where to locate polling centres. There was general agreement that
polling stations should not be located in military barracks and that police officers
should not be allowed within polling stations as this intimidates voters.
4.12.2. Other participants added that all ballots should be counted at polling stations
and there should be no delay in announcing the results. In addition, the Bill should
bar police officers from relaying results to their head office before results are officially
announced by ZEC.
4.13. Electronic Voting
4.13.1. Participants submitted that the Bill should provide for electronic voting to
eliminate violence and intimidation.
Voters should use electronic/biometric voting cards rather than voting slips.
4.14. Violence and intimidation
4.14.1. Regarding violence and intimidation during election, participants called on the
Bill to bar traditional leaders from marshalling their subjects to polling stations and
instructing them to vote for particular party candidates. Members of the public also
called for the automatic disqualification of candidates involved in violence and
intimidation of voters, while other called for stiffer penalties for those involved in
political violence during the elections.
4.14.2. Another approach suggested as a way to reduce incidences of violence and
intimidation is for the Bill to bar people from milling around polling stations.

4.15. Other contributions
4.15.1. There was a unanimous call for the Electoral law to be fully harmonised with
the Constitution and in particular comprehensively integrate the provisions of
Chapter 7 on Elections, rather than for it to be amended piecemeal.
Participants also called for the law to conform to the SADC
Principles and Guidelines on Elections and other international best practices, norms
and standards of free and fair elections.
4.15.2. Participants lamented that the process of deciding election petitions in the
Electoral court is too slow. As such, permanent judges must be appointed to
exclusively preside over the Electoral court in terms of S183 of the Constitution.
Participants also called for the Bill to create an enforcement mechanism for electoral
laws.
4.15.3. Government should deploy bona fide police and security agents during
election time.


5. RECOMMENDATIONS
Having analysed the Bill and gathered the contributions from
Zimbabweans across the country, the Committee is please to make then following
recommendations. In making these recommendations the committee is guided by
the following provisions of the Constitution:
a) S 119 The Role of Parliament
(1) Parliament must protect this Constitution and promote
democratic governance in Zimbabwe
(2) Parliament has power to ensure that the provisions of this
Constitution are upheld and that the State and all institutions and agencies of
Government act constitutionally
b) S155 Principles of electoral system
(1) Elections, which must be held regularly, and referendums, to which this
Constitution applies must be-
(a) Peaceful, free and fair
(b) Conducted by secret ballot
(c) Based on universal adult suffrage and equality of votes, and
(d) Free from violence and electoral malpractices
(2) The State must take all appropriate measures, including legislative measures, to
ensure that effect is given to the principles set out in subsection (1) and in particular,
must-
(a) Ensure that all eligible citizens that is to say the citizens qualified under the
Fourth Schedule are registered as voters
(b) Ensure that every citizen who is eligible to vote in an election or referendum has
an opportunity to cast a vote, and must facilitate voting by persons with disabilities or
special needs
(c) Ensure that political parties and candidates contesting an election or participating
in a referendum have reasonable access to all material and information necessary to
participate effectively,
(d) Provide all political parties and candidates contesting and electing or referendum
with fair and equal access to electronic and print media, both public and private,
(e) Ensure the timely resolution of electoral disputes.

5.1. Voters Roll
The Committee recommends that the Bill clarifies the management and control of the
Voters Roll to make it the sole responsibility of ZEC as required by Section 239 of
the Constitution. The Bill does not address or reconcile the current provisions of the
Electoral Act, which gives the same mandate to Constituency Registrar of Voters
who are under the supervision of the Registrar-General of Voters. Effectively, the
Registrar-General controls the entire process by which voters are registered and
voters rolls compiled and published, in contravention of S239 of the Constitution.

5.2. Clause 16: Functions of Accredited Observers:
The provision purportedly adds to the functions of accredited
observers by enjoining them to provide the Commission (ZEC) a comprehensive
review of the election taking into account all relevant circumstances.The Committee
recommends that the provision be clarified as to whether observers owe ZEC a
reporting obligation, or one is being thereby created.

5.3. Clause 17: Observers Accreditation Committee:
The Bill proposes to increase the Commissions representation in its Committee to
five, while the Executive will retain four members. The Committee recommends that
the appointees in the Committee from the Executive be scrapped so that the
Committee reflects ZECs independence from the Executive.

5.4. Clause 25: Entitlement to Vote:
This clause amends Section 56 of the Electoral Act, which, inter alia, deals with how
voters will identify themselves. Where the name of a voter does not appear on the
requisite voters roll, the voter shall be entitled to vote upon production of a voter
registration certificate and proof of identity. The Committee calls on the adoption of
measures to guard against the claims of widespread abuse of voter registration
certificates in the July 2013 elections, in favour of a voter efficient registration
process. In addition, the Committee recommends the Bill make it easier for citizens
to cast their votes including electoral officers and members of the security forces
deployed on electoral duties, hospital staff and patients, prisoners and staff manning
essential services, such as railways, airways, etc.

5.5. Clauses 33 and 34: Repeal of Special Voting Provisions:
Clause 34 will repeal Part XIVA of the Electoral Act, which
provides for Special Voting and a return to postal voting. The
Committee recommends that a rethink on these provisions as the net effect of the
repeal is to disenfranchise civil servants and members of the security forces who
were involved in the electoral process and would not be able to vote on polling day.
This is because the new section 72 which the Bill will insert in the Act confers the
right to a postal vote only on government officials who are outside Zimbabwe on
polling day; no one inside Zimbabwe is entitled to a postal vote. The Committee
recommends that the postal voting system be guided by principles of openness,
transparency and fairness.

6. CONCLUSION
The Committee notes with regret disruptions that occurred at three of the public
hearings almost amounting to contempt of Parliament and calls on political parties to
respect parliament processes and allow unimpeded public engagement.