With over 100 legal challenges, the Zimbabwe Electoral Commission (ZEC) cannot proceed with designing or producing ballot papers until they are resolved by the courts.
This challenge brought on by-election petition cases arising from the Nomination Court that sat last month on July 21, was confirmed by ZEC Deputy Chairperson, Commissioner Rodney Simukai Kiwa during a recent briefing with election observers.
“More than 100 appeals were made against the nomination or failure of nomination for prospective candidates and this has had implications on our processes,” the commissioner said.
According to Commissioner Kiwa, ZEC has a constitutional duty to design, manufacture, and distribute ballot papers, but the process is now stalled owing to ongoing legal challenges.
“Section 239 G of the Constitution gives the commission the mandate to design, print and distribute ballot papers among other functions. The commission has commenced the process of designing ballot papers for all the contested national assembly seats, and local authority wards as well as the presidential ballot,” he said, noting there was a drawback.
“The drawback, however, is as you may appreciate, in the designing of ballot papers for those constituencies where an appeal has been launched against the rejection or acceptance of candidates nomination papers.”
Commissioner Kiwa stated “ZEC’s hands were tied” and that it would have to “live with that” until the legal processes were concluded.
“There’s nothing that we can do and this puts a lot of pressure on us in terms of us meeting the timelines,” he said, advising the observers to bear in mind these legal challenges that were stalling its progress.
“Don’t ask us why this has not been done. It has not been done because there is a legal process and in ZEC we follow the law. We are bound by the law and respect the law,” said the deputy chairperson.
The deputy chairperson said ZEC’s “hope and prayer” was for these legal challenges to be completed as soon as possible and allow the commission to deal with the design of the ballot pacers.
Commissioner Kiwa added that, in accordance with Section 52 A of the Electoral Act, ZEC would inform the public of where and by whom the ballot papers would be printed, as well as the total quantity of ballot papers printed, in due time.
“We will inform the public, where and by whom the ballot papers are being printed, as well as the total number of ballot papers that are printed. That is for transparency and accountability,” he said.
Commissioner Kiwa also said the legal challenges had implications on the issuance of voters’ roll.
“The commission will comply with the mandatory it’s not a choice, it’s a mandatory requirement to issue a free of charge copy of the voters’ roll to each duly nominated candidate as soon as possible and in any case before July 20, 2023, when we expect the legal challenges to be completed,” he said.
“We can’t issue the voters’ roll now without the legal determination. Our hands are tied because in ZEC we do everything by the law.”
Meanwhile, the deputy chairperson said there were a total 5 634 candidates for the August 23, 2023 national elections.
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