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in a bid to curb the practice.
The police in every province will be required to set up a special unit to quickly investigate cases of violence and voter intimidation.
Anyone who partakes in violence faces, in addition to a sentence imposed by the special court, will be slapped with a five-year ban by the High Court from voting or standing for any election.
Other important amendments included merging the ZEC Act with the Electoral Act, to have one document of reference for elections.
In a presentation during a two-day workshop to train voter educators’trainers at a Bulawayo hotel yesterday, ZEC commissioner Professor Geoff Feltoe, said electoral laws should provide a framework for the holding of free and fair elections. Among the ZEC officials facilitating the workshop, which ends today, were Commisioner Bessie Fadzai Nhandara, deputy chief elections officer Mr Utloile Slaigwana, Chief Inspector Jane Pamhidzai Chigidji and Dr Victor Shale of Electoral Institute for Sustainable Democracy in Africa (EISA).
“The Electoral Amendment Act, 2012 extensively amends the Electoral Act [Chapter 2:13] and brings about some significant reforms. These amendments reflect agreements reached by the parties to the Global Political Agreement, together with some further reforms requested by ZEC,” said Prof Feltoe.
He said the special court had been set up under part 9B of the Act, because elections could not be said to be free and fair if anyone has been influenced or forced to vote for a certain candidate, or prevent from casting their ballot.
“After elections are called the police chief, in consultation with Zimbabwe Human Rights Commission (ZHRC), must appoint a senior police officer for each provincial centre to be the special police liaison officer responsible for the speedy investigation of cases of politically-motivated violence or intimidation within that province brought to his or her attention by MPLC, ZEC or ZHRC,” said Prof Feltoe.
He said the police chief should also set up special police units in consultation with ZHRC.
“These units must speedily investigate all cases of political violence and intimidation referred to them by the police, a MPLC, ZEC or ZHRC,” he said.
Prof Feltoe said the Act called for a special prosecutors’ and special magistrates’ courts to deal quickly with such cases.
He said the ZHRC would set up, in each province a Special Investigation Committee to investigate cases of violence and intimidation during the election period.
“The provincial special liaison police officer and representatives of political parties contesting the election will sit on this Committee. The Committee will be chaired by a representative of the ZHRC,” he said.
“It should be pointed out that new mechanism for dealing with political violence will operate in conjunction with other structures that have been established to deal with this problem Such as JOMIC, the National Healing Organ and the Human Rights Commission,” he said.
He said to promote transparency, the section 52A of the Act required ZEC to publicly disclose and provide political parties and candidates with information about the total number of ballot papers printed for each election, where they have been printed and how the ballot papers have been distributed to polling stations.
Said Prof Feltoe; “Section 4A gives ZEC officials immunity against prosecution, during the normal course of their duties.”
He said to avoid confusion, a candidate purporting to represent a political party must have a form signed by an authorised office bearer in the political party to establish that he/she is indeed that party’s candidate, adding that the requirement would also form part of nomination process.
Prof Feltoe said announcement of election results remained the sole mandate of ZEC and anyone purporting to announce the results before the official announcement was open to criminal charges.
He said ZEC was mandated to announce election results within five days of polling, but said the period could be extended by the electoral court, on special application by ZEC.
Online Reporter