1. LEGAL FRAMEWORK
Below is a list of the legislative frameworks that guided the monitoring of the electoral
processes by the ZHRC.
1.1 Constitution of Zimbabwe, 2013
The Constitution is the supreme law of the country, which includes provisions on political
rights of every citizen, that is, the right to free, fair and regular elections. Furthermore, it
provides the roles, responsibilities and principles that institutions administering elections
should adhere to.
1.2 Electoral Act (Including Amendment 6/ 2018) (Chapter 2:13)
The Electoral Act governs electoral processes in Zimbabwe. It sets out rules and procedures
which guide elections and the functions of the Zimbabwe Electoral Commission (ZEC), which
administers elections in Zimbabwe.
1.3 SADC Principles and Guidelines Governing Democratic Elections, 2014
The SADC Principles and Guidelines provide that member states have an obligation to
ensure the transparency and integrity of the entire electoral process. The Principles urge
States to ensure that everyone enjoys fundamental human rights and freedoms during the
electoral process. Furthermore, States should adhere to promoting and respecting the values
of electoral justice which include integrity, impartiality, fairness; professionalism, efficiency
and regularity of elections.
1.4 The Constitutive Act of the African Union (AU) (2002) (The Constitutive Act)
Under the Constitutive Act of the AU, the African States have committed to promoting
democratic principles and institutions, popular participation and good governance. This also
includes promoting and protecting human rights in accordance with the African Charter on
Human and Peoples’ Rights, and other relevant human rights instruments.
1.5 The African Charter on Human and Peoples’ Rights (ACHPR), 1987 and The
African Charter on Democracy, Elections and Good Governance (ACDEG) 2007
The ACHPR provides for the right to participate freely in government, either directly or through
freely chosen representatives. The ACDEG promotes adherence, by each state party, to the
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