A friend of mine in Kenya shared some simple math on the misunderstanding on the issue of votes cast and valid votes, which may lead to an election rerun in Kenya. As reported in the media, results of the votes counted so far in the presidential election stand like this:

” Of those counted at 8:15 am Wednesday, Kenyatta had won just over 2.79 million or 53 percent of valid votes cast against Odinga with 2.20 million or 42 percent, a gap that could still be easily overturned. But a staggering 334,000 ballots were rejected, making up some five percent of votes cast and totaling more than those so far assigned to the third candidate in the race, deputy prime minister Musalia Mudavadi, who has two percent of votes so far.”   – Times of Oman

Here is the math based on the Kenya constitution: Two candidates vying for the position of the Chief. A total of 10 votes are cast. Candidate A gets 4 votes, while B gets 3 votes and 3 votes get rejected. So the valid votes are 7. If you select the winner based on the VALID votes for candidate A you get 4/7×100 = 57%. Candidate B gets 3/7×100= 42%. However, if you calculate based on the total votes cast ( 10) as the constitution says, you get the following: Candidate A gets 4/10 x100 = 40%; Candidate B gets 3/10×100= 30% and the rejected votes ( which also must be counted ) make 3/10X100= 30%. And that is the true picture of the result of this election based on the provisions of Article 138(4)(a)

So according to this explanation I got from her the key words should be votes cast’… and not valid votes. I may not be familiar with the Kenya Constitution but this election law sounds like the one we have here in Zimbabwe.

Broadcasting or publication of false or misleading information related to Zimbabwe’s Draft Constitution and the associated Referendum to be held 16 March can incur a steep penalty, according to Veritas’ Constitution Watch 13/2013:

Broadcasting or Publication of False or Misleading Information

If it comes to the attention of the Zimbabwe Electoral Commission (ZEC) that any broadcaster (including the public broadcaster ZBC) or print publisher (newspaper or magazine) that any YES or NO campaigner is publishing information on the Referendum question (YES/NO to the draft constitution) that ZEC thinks is either:
-    materially false or incorrect; or
-    likely to prevent a substantial number of voters from making an informed choice in the Referendum

ZEC may by written notice order the broadcaster or published concerned to cease publishing the information or alter the information to make it accurate and fair, or to retract or correct the information in a way directed by ZEC in its notice.  Failure to comply immediately is an offence attracting a fine of up to $300 or one year’s imprisonment.  (New Referendums Regulations, SI 26/2013, section 12)

Given the power the media can play in influencing opinion and action, certainly legislation that penalises the publication of “Constitution Falsehoods” makes a lot of sense. However, in a context like Zimbabwe’s, the potential for this legislation to be misused, or applied selectively – and prejudicially – is high. With public meetings by the Media Centre, the NCA, and even the MDC to discuss the Constitution being banned by police, there is a risk that legislation like this will move broadcasters and publishers into the role of censors, deliberately withholding information which they fear might incur a penalty from ZEC.

Applications are now open for persons and organisations wishing to observe the constitutional referendum, the conduct of polling and vote counting. According to an official Zimbabwe Electoral Commission (ZEC) statement the following can apply:

• Individuals representing foreign countries/ international organisations and foreign eminent persons who have applied to be accepted as observers
• Individuals representing local organisations and eminent persons from within Zimbabwe who have applied to be accepted as observers
• Individuals representing bodies that exercise functions similar to those of the Commission and that have been invited by the commission to observe an election
• Individuals representing foreign countries/ international organisations and foreign eminent persons who have  been invited by the Minister responsible for foreign affairs to observe an election
• Individuals representing local organisations and eminent persons from within Zimbabwe who have been invited by the Minister responsible for Justice and Legal Affairs to observe an election

An application for accreditation as an observer must be made to the Chief Elections Officer by

• The individual or eminent person who wishes to be accredited
• The organisation that wishes its representatives to be accredited
• The Minister responsible for Justice and Legal Affairs or the Minister responsible for Foreign Affairs, in respect of individuals whom the Minister concerned has invited to observe the referendum

NB: An application for accreditation made by an organisation or by the Minister must state the names of the individuals whom the organisation or Minister wishes to have accredited.

For more information we advise that you contact the Zimbabwe Electoral Commission directly on office Telephone numbers: +263-4-759130,  +263-4-774095, +263-4-781903. E-mail on inquiry [at] zec [dot] gov [dot] zw or pr [at] zec [dot] gov [dot] zw

Interesting that, Temba Mliswa, the man who is on record solving differences with people whose politics he does not agree with through violence, and was arrested recently for bashing a female Zanu PF “colleague” has asked the courts to transfer the trial to Harare.

Mliswa claims that there are “political undercurrents” in the province where the trial is being heard that would compromise a fair trial.

This is according to ZBC news and you wonder if this is reported tongue-in-cheek!

Is that not curious coming from people who have always trumpeted the impartiality of Zimbabwean courts, especially when members from the other political divide are on the dock facing frivolous charges.

You have to feel no sorry for this guy and his theology that he can get away with anything as long as he invokes the name “Zanu PF!”

Recall when he trained hard punches on the heads of white commercial farmers whose land he expropriated? Where were the courts then? Clown.

Let him have it and perhaps it shall serve as an example to others from the same stock who think they can punch their way out of anything in the name of the “revolutionary party.”

Yeah, we are watching which way the table will turn.

Work in and for Zimbabwe. Help grow our nation. Check out the vacancies below. If you’d like to receive this sort of information, as well as civic and human rights updates, by email each week drop us a note saying “subscribe” to: info [at] kubatana [dot] net

Two (2) vacancies: Royal Trust
Deadline: 8 March 2013

1. Finance Assistant

Duties
-To keep and maintain books of accounts for the International project
-Process all expenditure and income for the fund
-To do the respective reconciliations for the fund
-Reports to the Finance and Admin Officer

Qualifications & Experience
-A levels in the relevant accounting subjects
-At least 2 years working experience in accounting for Donor funds

2. Programming Officer

Duties
-To do programming for the project
-To communicate with the Programmer of the Donor project with regard to training activities
-To work closely with the director for policy guidance on all matters for this project

Qualifications & Experience
-A recognized diploma in the field of training
-Knowledge and experience in adult training
-Training experience in Start and Improve Your Business (SIYB) will be an added advantage

Interested candidates should submit their applications and CVs to:
info@royaltrust.co.zw and copied to rmukamba@royaltrust.co.zw

Monitoring & Evaluation Officer: Mashambanzou Care Trust
Deadline: 8 March 2013

Part-Time Position

Job Purpose: Monitoring and Evaluation of all Mashambanzou Care Trust Projects

Person Specification
-A holder of an M&E Diploma
-A First Degree and a Qualification in Project Management is an added advantage
-Mature, 30 years and above
-The person must have 2years experience in Monitoring & Evaluation of Donor Funded Projects
-Strong Report Writing and Analytical Skills
-A decisive Team Player and Results Oriented
-Drivers License is a prerequisite.

Job Specification
-Monitoring and Evaluation of all MCT Projects
-Develop and Maintain effective M&E Tools and Systems; to collect, review and analyze program related data and indicators for each Project
-Produce M&E Reports for each Project
-Assist with the writing of Project Proposals
-Conducting filed visits for Assessment of Outreach/Community Based Projects

To apply
Interested candidates must send applications and CVs to the HR and Admin Officer, 40 Sandown Rd, Waterfalls, Harare or email: max [at] mashambanzou [dot] co [dot] zw

Various vacancies: The International Union Against Tuberculosis and Lung Disease (The Union)
Deadline: 10 March 2013

The International Union Against Tuberculosis and Lung Disease (The Union) is recruiting for an upcoming CDC HIV/AIDS program focusing on clinical training and mentoring for treatment and prevention services in Zimbabwe. This program seeks to provide technical assistance to strengthen the government of Zimbabwe’s ability to provide high quality training and mentorship in HIV and ART/OI prevention, care and treatment.

Available positions under this program include program Director, Finance Manager, Clinical Training Officer and Monitoring and Evaluation Officer. Applicants should have a minimum of a first degree and not less than 5 years experience in program management in their respective fields.

Please send your CV plus motivation letter to: theunionzim [at] gmail [dot] com

Spar Borrowdale sells bottled water showing no differentiation in their chillers between SAZ registered mineral water, and “any old joe” borehole water. I asked one of the packers what the difference was between 80c water and 30c water and she said that the 30c water was from boreholes. Hmmm. It would be great if this was made clearer. And it would be even better if the City health authorities got rigorous on standards required for the sale of water.

Only 11 brands of bottled water registered … more from NewsDay.