Election stakeholders have raised concern that electoral
malpractices which include Zec’s failure to release a credible voter’s roll,
vote buying, lack of fair access to the State media among others pointed to
another disputed poll.
Asked on its progress in addressing the concerns, Zec chief
elections officer Utloile Silaigwana said cases of electoral malpractices were
criminal offences which should be dealt with by the police.
“During elections, the commission also establishes
multi-party liaison committees in terms of sections 160B, C and D of the
Electoral Act to resolve electoral disputes and allied malpractices in an
amicable way,” Silaigwana told NewsDay Weekender.
“Aggrieved parties who observe violations of the code and
feel that they are beyond the jurisdiction of multi-party liaison committees
are advised to report such issues to the police, since such violations are
deemed as criminal offences.”
Silaigwana said the electoral body would also not intervene
on allegations of manipulation of voters through the assisted voters system.
“In this regard, it is not possible for the commission to
intervene when allegations of manipulation of assisted voting arise. Again, the
onus is upon the aggrieved parties to report to the police whenever they
observe a manipulation of this legal provision,” he said.
MDC-T Gweru Urban MP Brian Dube dismissed Silaigwana’s
claims, saying the Constitution and the Electoral Act mandate Zec to ensure a
credible poll.
“Zec should be able to administer its duties to ensure that
all the complaints raised are addressed. When any political actor complains
against any political malpractice, Zec should be able to investigate,” Dube
said.
“It has the power to suspend any political actor who would
have violated election rules. The police can assist in the investigation of the
cases but under the instruction of Zec.”
Citizens Coalition for Change secretary for elections Ian
Makone weighed in saying the opposition party did not expect the police to
address their grievances.
“Nowhere in the Electoral Act are police mandated with the
duty to manage free and fair elections.
If the police help Zec to manage elections they can do so but Zec has the
primary duty to ensure that elections are held free from any form of
malpractices,” Makone said.
Election Resource Centre legal and advocacy officer Takunda
Tsunga said: “Zec has a duty to ensure that they address and follow up on such
concerns and complaints proactively. They are the body mandated to ensure free
and fair elections. They cannot simply pass on their constitutional obligations
to the next State institution.”
Police spokesperson Assistant Commissioner Paul Nyathi
urged political parties to co-operate with the law enforcement agency when
investigating acts of electoral malpractices.
“As long as the alleged criminal act is reported, the
police will investigate. However some of the allegations are exaggerated. We
urge political parties to be co-operative when police are conducting
investigations,” Nyathi said. Newsday
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