New Zimbabwean legislation and the prospects for a free and fair election (continued)

Section 34 of the Bill entitled "Additional Powers to Alter Voters Rolls" houses the following clause, "1 In addition to other powers of alteration conferred by this part a voters roll may be altered (a) by the Registrar General at any time to correct any error or omission or to change (whether on the oral or written application of a voter or not) the original name or address of the voter to an altered name or address;" It could be argued that this power conferred on the Registrar General, could result in manipulations of the voters roll. This probability is compounded by Section 79B entitled "Absence of Election Agents, Polling Agents, Monitors and Observers at Opening and Closing of Ballot Boxes etc". It states that "...the failure by any person entitled...to be present on time- (a) at the sealing or opening of the ballot boxes...(c)...at the counting of votes... shall not prevent the electoral officer concerned from proceeding in the absence of such person." This section could easily be abused and facilitates rigging.

In terms of voting eligibility the Bill is stringent. Section 20 holds that a voter may be required to produce proof of identity, proof of qualification as a voter and proof of residence in a constituency all at once. Those requesting postal ballot papers can only be eligible according to section 61, if they are "(a) on duty as a member of a disciplined force...(b) absent from Zimbabwe in the service of the government or (c) a spouse of a person referred to in (a) or (b). This section is silent with regards to students and those seeking medical attention outside of Zimbabwe and Zimbabweans working abroad. It takes no great toll on the intellect to figure out that the ruling party's eligible voters are being accommodated, while potential anti-Mugabe candidates are marginalized.

The Public Order and Security Bill 2001 has elicited the following response, "This Bill is worse, by far, than any previous colonial legislation in this country or in apartheid South Africa. It is unprecedented and ends all freedoms of movement, speech and association guaranteed under the Constitution" (Hondora 2001). Section 15 entitled "Publishing or Communicating False Statements Prejudicial to the State" makes it an offence for anyone inside or outside Zimbabwe to publish or communicate a statement which may lead to the "...inciting or promoting public disorder or public violence or endangering public safety; or... undermining public confidence in a law enforcement agency, the Prison Service or the Defence Forces of Zimbabwe..." (Public Order and Security Bill 2001). Notwithstanding the fact that "statements" are qualified to mean "wholly or materially false statements" this clause still places a distinct restriction on freedoms of expression. Clause 16 entitled "Undermining Authority of or Insulting President" states that it is an offence to "publicly and intentionally" make any statement concerning the president which may lead to "engendering feelings of hostility towards; or causing hatred, contempt or ridicule of; the President...". Seeing as the president himself determines when he has been insulted or undermined it will become impossible for anyone to criticise him or his actions. Shielding a leader from scrutiny severely undermines the principles of transparency and accountability.

The Bill also gives fairly wide powers to the police force. Section 21 makes it an offence to engender feelings of hostility towards an officer or the police force and an offence to expose same to "contempt, ridicule or disesteem". Section 24 obliges any organiser of a meeting to "...give at least seven clear days written notice of the holding of the gathering to the regulating authority..." Section 25 then empowers this "regulating authority" inter alia to prescribe the time and the duration for the public gathering. The regulating authority can only make use of these powers however if he/she believes that the gathering will occasion "public disorder; or a breach of peace; or an obstruction of any thoroughfare;" Section 32 (2) requires every person to carry with him/her an identity document when in a public place. Section 32 (4) mandates a police officer to require a person in a public place to produce his/her identity document. According to subsection (f) a police officer is permitted to do this "at a public gathering or a public meeting of a political nature". Failure in this case to produce an identity document will result in either a $5 000 fine or six months imprisonment. This type of legislation, it is argued, is conducive to the formation of a police state.

Electoral processes are arguably the first step in ensuring democratisation. In a region where the concept of free and fair elections is not alien, manipulation of these processes is unconscionable. If the countries of Southern Africa, Zimbabwe being the unfortunate case in point, hold no regard for truly democratic elections, how then can there ever be democratic consolidation?

References:

ACCESS TO INFORMATION AND PRIVACY BILL 2001.

HONDORA, T 2001, "Report on Public Order and Security Bill", Lawyers for Human Rights.

PUBLIC ORDER AND SECURITY BILL 2001.