This by-election brings the total number of National Assembly by-elections held this year to
20. Three additional by-elections are scheduled to be held in Marondera Central, Epworth
and Mbire Constituencies on 19 September 2015 as proclaimed by the President.
4. LEGAL FRAMEWORK
4.1. Legal framework for the by-election
The Constitution, Electoral Act, Statutory Instruments and Regulations form part of the Legal
framework governing the conduct of by-elections in Zimbabwe.
The Legal framework requires that set polling dates comply with both section 158(3) and
159 of the Constitution, and section 39 of the Electoral Act, both of which require voting in a
by-election to be completed within 90 days of the vacancy occurring. The Mudzi West byelection was therefore held within a timeframe set by the Constitution.
4.2. Nomination Processes
The nomination processes for this by-election were held in accordance with the provisions
of the Electoral Act.
In terms of Section 47 (17) (c) of the Electoral Act, if at the close of nomination court, more
than one person has been duly nominated for an election for a constituency, a poll shall
take place in accordance with this Part and Part XIII1 of the Electoral Act. Accordingly, the
Nomination Court for the Mudzi West by-election was held on 21 May 2015, at the
Marondera Magistrate Court. At the close of the nomination courts two candidates had
successfully filed their nomination papers, namely Magna Mudyiwa of the Zimbabwe African
National Union-Patriotic (ZANU-PF) and George Kawadza of the National Constitutional
Assembly (NCA).
5. ELECTION ADMINISTRATION
5.1. Administration of the Elections
Section 239 of the Constitution gives the Zimbabwe Electoral Commission, the mandate to
conduct and supervise elections and election related activities. However, the capacity to
deliver this mandate is negatively affected by the inability of Government to avail adequate
resources timeously.
Despite the perennial funding challenges that ZEC faces the commission continues to make
commendable efforts to enfranchise voters. ZEC largely completed administrative and
logistical preparations on time for the election; in particular, distribution of election material
to polling stations was on schedule.
1
Part XIII refers to preparation for and voting at poll
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