Following July 31, whenever I have been asked about the prospects of opposition parties in Zimbabwean politics, my answer has often been encapsulated in one phrase, “The System”. When I have been asked about the problem with the electoral system in Zimbabwe, my answer too has often been encapsulated by the same phrase, “The System”.

And it is about The System that this article is about, in order to demonstrate the enormity of the task that the opposition parties face when they talk about electoral reforms.  This is important, so that they are fully cognisant of the implications of the “No Reforms No Elections” stand-point that the major parties have taken.

“Tsvangirai is going around saying ‘no reforms, no elections’. I wish to thank him for that. Let him boycott while we rule. I say let him continue boycotting while we rule. Continue with your ‘no elections, no reforms programme’ and we will continue ruling”. These were the chilling words of Emmerson Mnangagwa, the Vice President. This is the man widely-touted to replace Mugabe as leader of his party and country. Such words are not to be taken lightly. They capture the philosophy of what I refer to as “The System”.

Morgan Tsvangirai addressing party supporters

The System does not care. It bulldozes its way if it has to. It was The System that blocked Tsvangirai and the MDC’s march to victory and power in 2008. They all refer to it now as the moment when power almost slipped away. They do so because they know fully well that they lost that election in March 2008 but The System ensured that Mugabe and Zanu PF retained power.

But what is The System? I will return to it shortly but first, a point about electoral reforms, one that I have made before but still one so important that it must be repeated.

Two Types of Electoral Reforms

The point is this: reforms come in two types – reforms on paper and reforms in practice. The first type refers to policy and legislative reforms. It involves changes in legislation to meet the minimum standards for free and fair elections. The standards can be as outlined in the constitution or regional instruments.

In this regard, it is important to note that the new constitution introduced important electoral reforms. Chapter 8 on the electoral system and Chapter 4 on the Declaration of Rights have critical provisions that improve the electoral system. But that is in theory. The normative framework, what a good electoral system ought to be, is there in the new constitution.

The problem, therefore, is not the absence of good laws for conducting elections. The problem lies in the second type of reforms – the practical type. It lies in the implementation of these rules, as provided for in the constitution.

The truth is that a change in legislation alone is not going to guarantee free and fair elections. In fact, one can even say there is no shortage of good laws.  And here, it is now necessary to go back to The System, so that we have a better appreciation of what it is and why it is this that needs to be transformed.