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. 160Subject 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. INTRODUCTION1.1.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 AfricanParliamentary Support Trust (SAPST), Parliament’s 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 country’s electoral laws are being consolidated.

2. OBJECTIVES2.1.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. METHODOLOGY3.1. 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 publichearings and submissions, the Committee hereby presents itsReport.

4. COMMITTEE’S FINDINGSThe Committee gathered the following views from the public hearings and submissions:4.1. The Process of Legislating the Bill4.1.1. There was general consensus that consultations on proposed legislation should start before Bills are introduced inParliament. Members of the public called on Parliament toavail Bills, via MPs, ahead of public hearings for the publicto 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 thatParliament 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 Registration4.2.1. 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, driver’s 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 Education4.3.1. 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. Voter’s Roll4.4.1. 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 theConstitution, 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 Commission4.5.1. Participants submitted that ZEC should be fully independent from the Executive as required by Section 235 of the Constitution. To that end, participants submitted thatZEC 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 officers4.6.1. Participants submitted that the Bill should ensure thatZEC 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 Coverage4.7.1. 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 Vote4.8.1. 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 Voters4.9.1. As for assisted voters, some participants called for theBill 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 disabilities4.10.1. People living with disabilities were of the view that theBill 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 Equality4.11.1. The Bill should be clear on issues of gender equality – to ensure that the 50% women’s quota threshold in S17 of theConstitution is clearly implemented and guaranteed in all elections. The language in the Bill should be gender sensitive.

4.12. Polling Stations4.12.1. 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 Voting4.13.1. 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 intimidation4.14.1. 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 contributions4.15.1. 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 SADCPrinciples 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. RECOMMENDATIONSHaving analysed the Bill and gathered the contributions fromZimbabweans 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 promotedemocratic governance in Zimbabwe(2) Parliament has power to ensure that the provisions of thisConstitution 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 RollThe 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, theRegistrar-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 accreditedobservers 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 Commission’s 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 ZEC’s 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. TheCommittee 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. CONCLUSIONThe 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.