electoral map while others have become over-represented as they have lost people in the
interim but can still elect the same number of representatives based on an old data set.
Current legal framework
The current legal framework for the delimitation process is governed mainly by the
Constitution and the Electoral Law. There is also other legislation such as the Census and
Statistics Act [Chapter 10:29] which helps in the process of determining electoral boundaries.
However, as the Constitution is the supreme law of the land, all other laws, rules or legal
instruments must conform to its terms.
The Constitution creates the institutional mechanism for carrying out the delimitation
process. The mandate for this is vested in the Zimbabwe Electoral Commission (ZEC), the
electoral body which is charged with the management and supervision of the electoral
processes. The reasoning behind giving this role to ZEC was that as the only body in charge
of elections, it must be given all the powers to deal with all issues pertaining to elections.
Therefore, functions such as voter registration and maintenance of the voters’ roll, previously
exercised by the Registrar-General, were transferred to ZEC. Likewise, the process of
delimiting constituencies, was also given to ZEC.
Apart from the institutional set-up, the Constitution also deals with several issues relating to
delimitation. These issues include the nature and extent of ZEC’s mandate of delimiting
boundaries, the frequency of the delimitation process, and some (but not all) timelines for
producing the delimitation report. It also provides guidance on the factors that must be taken
into account when determining electoral boundaries. It is not necessary for purpose of this
brief to go into much detail on those factors.
Weaknesses of the legal and administrative framework
The legal framework for the delimitation process has weaknesses.
While there are provisions to promote the independence of ZEC, in the past there
have been allegations by various stakeholders that ZEC lacks independence,
particularly on the operational side. In particular, there have been allegations that ZEC
is a militarized institution, with ex-military and security personnel holding key roles
in its operations. Although the process of appointing commissioners has theoretically
improved, the results in practice have been disappointingly similar to the past, with
the same old personnel being recycled through re-appointments. ZEC did not do its
reputation any good when it endorsed the violent and discredited 27 June 2008
presidential run-off election as a free and fair when virtually everyone, including
neutral observers, dismissed it as a sham election.
Delimitation has not been done according to set timelines and in most cases it has
been done very shortly before the elections, making the exercise less useful to
candidates and parties contesting in elections and in some cases, it has confused and
disenfranchised voters who have found on polling day that they are wrongly
registered in different wards or constituencies2. The late provision of the delimitation
2
The authority for delimitation has not been timeous in its work with the 2000 exercise being completed just 5
days before the nomination of candidates. There were concerns of manipulation, with the 2000 delimitation
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