On the 1 March 2018, Constance Chigwamba, former CEO resigned from ZEC. Her departure from the ZEC came hardly 3 months after Justice Makarau resigned, five months before the harmonised elections, and at a time when ZEC needed to implement the crucial BVR process. Utoile Silaigwana, the then Deputy CEO (operations), was appointed the acting CEO. 5.4 Functions of the ZEC The functions of ZEC as provided by the Constitution and elaborated in the Electoral Act include undertaking, promoting research, developing expertise on use of technology and promoting cooperation with government, civil society and political parties.14 ZEC also has to provide the public with information on registration of voters; delimitation of wards, location or boundaries; availability of voters’ roll and inspection of the roll; details of political parties and candidates participating; and voting and electoral processes.15The Commission also has to recommend to Parliament appropriate ways to provide public financing for political parties.16 In respect of some of its functions, ZEC undertook the full mandate and authority as provided by the law. There was engagement by ZEC with stakeholders including with Civil Society Organisations (CSOs).However, civil society, which, in turn, kept the public informed (although not satisfactorily) about some of the processes, was, itself, not satisfied with the quality of engagement with ZEC. 5.5 Independence of ZEC Legal provisions guaranteeing ZEC’s independence seem inadequate. There appears to be several gaps that allow for executive interference in the operations of the commission. For instance, the Sixth Schedule to the Electoral Act gives the President the power to unilaterally set the terms and conditions of Commissioners. Although a report on findings of a tribunal set up to remove a Commissioner must be placed before Parliament, Parliament does not have any input in the final decision. In addition, Section 7 of the Electoral Act permits ZEC to use its discretion to adopt and adapt procedures that promote efficiency and independence. This must be qualified for such discretion to guarantee transparency as stipulated in section of 239(a) of the Constitution. In practice, it appears as if this role resides in the Ministry of Justice which makes the regulations after considering input from the Commission. 14 15 16 Section 5(a-c) of the Electoral Act. Section 5(d)(i-vii) of the Electoral Act. Section 5(e) of the Electoral Act. 28 | P a g e