ZESN Advocates for Robust Regulatory Framework to Curb Political Irregularities

By Shingirai Vambe

Harare-As Zimbabwe gears up for its next election, the Zimbabwe Election Support Network (ZESN) is pushing for electoral amendments and accountability of political parties across the divide. In a recent position paper, ZESN highlights the fault lines in the legal framework governing political parties, which falls short of defining their roles, funding, and accountability measures.

The current framework allows for the formation and operation of political parties but lacks clarity on their establishment, functions, and limits. This ambiguity has led to a situation where over 20 parties can participate in elections without proper structures, such as governance, financial monitoring systems, and candidate databases.

ZESN proposes reforms to address these challenges, including the amendment of party financing laws to allow for public and private funding. This would promote transparency and accountability in political party financing. Additionally, ZESN advocates for the establishment of a statutory body to oversee party registration and regulation, similar to Kenya’s Registrar of Parties.

Zimbabwe among other countries has held elections with participants being over 20, without proper structures, such as governance, financial monitoring systems and candidates data base, especially for the Presidential candidacy. furthermore, this development also expose the current state of opposition political parties against the legal systems in Zimbabwe, failing to secure and or safeguard the votes of their purported supporters and fund their projects.

Siting the most critical areas that need urgent attention to mitigate the growing trend of non-acceptance of election results is the promulgation or amendment of the part financing law. At the moment, only ZANU PF, and CCC are the beneficiaries of the current law. Hence the need for the revision of the clauses that ban private funding of parties. A comprehensive Political Parties Regulation Campaign and Funding Law must be promulgated based on best practices.

The 9th Parliament through the member of Parliament for Dzivarasikwa, Edwin Mushoriwa, together with former Mbizo Legislator Settlement Chikwinya fought left, right and centre on the Electoral Amendment Bill before the 2023 Election to no success as then, leader of Government business, Ziyambi Ziyambi, crushed and opposed each other on some of the amendments which were proposed by the opposition party in Parliament.

“The Bill, according to ZANU PF strategically came to late and any debate after the announcement by the President will be futile. However, I have given notice to the House on Private Members bill to regularize the recall of voted members,” said Mushoriwa.

However, ZESN states that, the legal clauses that ban private funding of parties must be amended and a comprehensive campaign and party funding law must be promulgated based on best practices. It also added that political parties must be regulated to ensure that they adhere to a certain legal and normative framework in terms of their internal functioning, financing and code of conduct and that a statutory body akin to the Kenyan Registrar of Parties, be established to deal with the registration of parties instead of the EMB and finally, care be taken to ensure that calls for the regulation of political parties are genuine and meant to enhance of multi-party systems, inter-party relations and build stronger political parties.

“The existence and increased number of political parties in Zimbabwe like elsewhere on the continent is a manifestation of the colonial legacy and victory over colonialism at the same time. This is because political parties were formed as vehicles through which power would be transferred to the indigenous people (Selolwane and Shale 2008). But, because such power was not necessarily given on a silver platter, political parties had to mobilise and take up arms to free the country from the colonial masters. It is on this basis that political parties, especially former liberation movements carry themselves as custodians of the people instead of seeing themselves as the products of people’s struggles and therefore owned by the people. Whether ruling or in opposition, most political parties indulge in clandestine activities that leave their membership and general public in the dark. The political parties habitually pay lip-service to popular consultations in their policy formulation process (Kadima, Matlosa and Shale 2006).”

The importance of this development point our the need to address the hunger and thirst in millions of Zimbabweans, in conducting elections and working on electoral circles. Zimbabwe is a case study for many African countries holding elections and these countries try to do it better.

The document highlights, from the foregoing examples of jurisdictions where political parties are regulated, there are some lessons that can be useful for Zimbabwe. Reforming the law to mandate the registration of political parties is essential for creating a transparent, accountable, and democratic leadership structure, ultimately enhancing the parties’ effectiveness and resilience. The challenges faced during the June 21, 2023, nomination process, including instances of double candidacy, highlighted the need for such reforms. Additionally, the recalls that affected the CCC shortly after the elections and the administrative burdens placed on the ZEC underscore the necessity of regulating political parties which will bring order to the electoral landscape and help prevent the electoral challenges as those experienced in 2023 from recurring.

By implementing these reforms, Zimbabwe can strengthen its democratic institutions and ensure free and fair elections. The ZESN’s proposals are timely, considering the country’s history of electoral challenges. As Zimbabwe moves forward, it is essential to prioritize transparency, accountability, and democratic governance

Commenting on reforms, former Mutare Legislator, Innocent Gonese, who also participated in the Bill debate in 2023 told this publication that ZANU PF is not willing and ready for reforms as they enjoy the current status quo, maintaining their majority position in Parliament.