Maravi

Revised Electoral Code of Conduct

Revised Electoral Code of Conduct
By The Post
Tue 31 May 2011, 04:20 CAT

THERE is need for all stakeholders in our country to pay attention to the call by Anti Voter Apathy Project (AVAP) to relook the revised Electoral Code of Conduct.

According to AVAP, there is need to review and finalise the document because there were clauses that were added which bordered on the new constitution that recently failed to go through Parliament. AVAP also feels that time is running out and there is need for people to conclude the matter before the elections.
We cannot agree more with AVAP.

The Electoral Code of Conduct and indeed any measures that have to be put in place in readiness for this year’s elections need to be finalised now. We say this because the electoral system shapes the voting process and the code of conduct is an important document, which helps to promote conditions that are conducive to free and fair elections, including tolerance of democratic political activity, free political campaigning and open public debate.

This document helps in emphasising the enforcement of human and democratic rights in any country for a legal civilised, democratic and peaceful competition for power. It also helps political parties to play a vital role in strengthening multiparty democracy and democratic culture in good faith and through the spirit of compromise and consensus-building.

We are aware that the workshop that was attended by representatives from political parties, civil society, media institutions, the Church, faith-based organisations and government agencies last year adopted a revised Electoral Code of Conduct.

We are aware that in this document, the stakeholders barred traditional leaders from exerting undue influence on their subjects to support a particular political party or candidate; they agreed that all political parties will educate their members on the code and ensure total observance; they agreed that the Electoral Commission of Zambia (ECZ) will have powers to reprimand erring political parties, candidates or stakeholders as well as impose fines in the event of breach of the code.

The workshop also resolved that ECZ should submit a report of breach of the code to the police and other law enforcement agencies for prosecution and correct errors committed by electoral officers.

It was also agreed that election campaigns shall commence on nomination day and end two days before the elections; that the election results be declared within 48 hours where reasonable and practicable; that people do not wear party regalia within 400 metres from the polling stations and that political parties shall not camp at polling stations during campaigns. It was also agreed that the police and other law enforcement agencies should be involved in the enforcement of the code, among other issues.

It is important that this document is finalised so that all political players familiarise themselves with it. There is need for a document that will guide politicians as they go out in the field to lure people to vote for their political parties. It will also be important for the ECZ to enforce the code for it to serve any meaningful purpose.

It will not make sense to finalise the document and yet the elections body has no capacity correct wrongdoing.
In the past elections that our country has had, there have been many complaints regarding the breaching of the Electoral Code of Conduct and the ECZ has done little or nothing about it. The ruling MMD has been a culprit as far as breaching the code is concerned.

We have not forgotten how the MMD has distributed sugar and other commodities during election periods under the guise of projects under the Ministry of Community Development and Social Welfare. There have also been other cases where various stakeholders have complained about the MMD’s abuse of public resources such as government-owned motor vehicles during campaigns but the ECZ has done nothing.

We have seen cases where the ruling party has embarked on campaigns under the guise of explaining development projects even before the stipulated time for campaigns. The ECZ is simply unable to reprimand political players, more so those from the ruling party, when it comes to breaching the code.

Not so long ago, Inspector General of Police Francis Kabonde told the parliamentary committee for legal affairs that they had a challenge in enforcing the Electoral Code of Conduct. Kabonde said law enforcement officers had suffered harassment and intimidation at the hands of some political leaders while performing duties in the electoral process.

Kabonde said some police officers are threatened with dismissals and this makes their work very difficult. Given Kabonde’s comments, it will be an exercise in futility to have clauses on the police and their duties in the electoral process if they will not be able to operate freely.

This is the more reason why we have the police concentrating their energy in arresting offenders from the opposition even when the ruling party is equally on wrong footing. They basically fail to enforce the law from a professional standpoint because they are reduced to ruling party cadres. We hope that in this year’s elections, both police and ECZ will put their houses in order. It will not do to have a code with good clauses which cannot be enforced.

Those charged with running the elections in our country should know that at the core of any democracy is its electoral system. Free and fair elections are the key to a democratic and human rights-based society. Nothing should occur to undermine the credibility of the elections. Those tasked with this responsibility need to remember that a system that appears faulty or not independent could lead to chaos and violence that could compromise the legitimacy of the elections.

It is unfortunate that the country will go to elections on the old Constitution and yet people have over the years made their wishes clear. People have always wanted elections to be conducted in a truly democratic manner, they have always wanted to ensure that they are ruled by a majority leader but it is unfortunate that these wishes are always thwarted by those in power.

Rupiah and his minions are no exception. Our people made their submissions to the Mung’omba Constitution Review Constitution and the final document had very progressive clauses such as the 50 per cent plus one threshold for a presidential candidate and the swearing in of the president after 90 days to ensure that all electoral disputes are sorted out.

It also proposed that the chairperson of the electoral commission be the returning officer in a presidential election and not the Chief Justice. But we have not forgotten how the National Constitutional Conference (NCC), with an MMD in-built majority, butchered the document to suit its narrow partisan interests.

The NCC lamentably failed to put the people’s interests first. It’s no wonder that this document failed to go through Parliament. This could have been avoided had Rupiah and his minions listened to and respected the people’s demands. These elections could have been run better but our people were cheated, with billions of their tax wasted through sittings that did not yield anything meaningful.

However, it is not too late to salvage the situation. Much as we have very poor electoral laws, it is still possible to have a peaceful election if all stakeholders play their roles efficiently, effectively and in an orderly manner.

The ECZ and other electoral officers, police, political parties and their supporters and indeed all of our people have a role to play in ensuring that the fundamental rights and freedoms are respected in this year’s elections; that the election is not just free and fair but seen to be free and fair.

Labels: AVAP, ECZ

posted by MrK @ 6:23 PM