Contemplating on the Effectiveness of Election Dispute Resolution (Edr) Mechanisms in Mitigating Electoral Disputes and Violence in Zimbabwe. The Case of Bulawayo Metropolitan Province from 2005-2018

Abstract

This study set to explore the effectiveness of the Election Dispute Resolution (EDR)Mechanisms used in Zimbabwe. The study was guided by four objectives; to establish the political players’ motivations to engage in electoral malpractices and violence, to describe the Electoral Dispute Resolution (EDR) mechanisms used in Zimbabwe, to assess the effectiveness of the Electoral Dispute Resolution (EDR) mechanisms in mitigating election disputes and violence and to describe how these mechanisms can be enhanced to mitigate electoral disputes and violence. The Literature review was guided by the objectives of the study. The design for this study was qualitative. This was determined by the type of information to be gathered. The data was collected using semi structured interviews. The study findings were that the EDR mechanisms used, mainly the EDR mechanisms, were fairly effective but needed to be reinforced so as to close the current gaps. The fact that the mechanisms are seasonal rather than permanent was found to be one gap that the perpetrators of violence exploited to further their interests. The study also established that the Code of Conduct lacked the sanctioning powers which was a weakness also exploited by the political players. It was the opinion of the participants that if the MPLCs and the Code of Conduct were used together, the results would be positive. On a positive note, the study established that the Electoral Courts were permanent, and they played their role when called upon. However, there were mixed opinions regarding their fairness and timeous adjudication of petitions. This was corroborated by studies from other scholars that Electoral Courts sometimes took long to give their judgements, thus failing the petitioners. The study concluded by recommendations for effectiveness of the EDR mechanisms, the major ones being: 1. Making EDR mechanisms permanent; 2. Combining MPLCs, Code of Conduct and Electoral Courts to complement one another; 3. the adoption of a new Electoral system that creates a ‘win-win’ situation to all participating political parties; and, 4. The Code of Conduct to have sanctions to regulate political actors’ conduct for undisputed elections. Directions for future research were also made in order to help future studies to strengthen the mechanisms

Keywords

Election, dispute, dispute resolution, court, political party