establishment of the Electoral Court as a specialised division of the High Court, and introducing a new and detailed Electoral Code of Conduct for Political Parties, Candidates and other Stakeholders. Importantly, the Act criminalised threatening statements by intimidators that they can discover how a voter casts his or her ballot, an important initiative in light of the noting of serial numbers by perpetrators as a means to intimidate the electorate. 4.9 Some Legislative Gaps – Electoral Reform Despite the amendment of the Electoral Act, numerous gaps still exist which point to the need for further reform, if not an entire revamping of electoral law. Independence of ZEC is also impacted on by the nature of relationship with its parent Ministry and funding arrangements. The Minister of Justice continues to have power to veto any regulations made by ZEC, seriously compromising its independence. 4 ZEC also lacks total financial autonomy. Any donations or grants, whether from local or foreign donors, have to be approved by the Minister of Justice.5 This is despite the fact that the Minister is also a candidate and interested party in the elections. Attempts to challenge the veto powers of the Minister in regulation making in the case of Mavedzenge v Minister of Justice, Legal and Parliamentary Affairs and 2 OrsCCZ05/18were not successful as the court ruled that the role of the Minister did not undermine ZEC independence. There is also the logistics committee which is composed of different government departments. The procurement and printing of ballot papers remains shrouded in secrecy and there were no provisions directing the separation of election residue to enable petitioners to obtain a recount for a specified election. Another notable omission is the absence of a framework to guide the operations and accreditation of LTOs. The amendments did not deal with issues such as the right of the diaspora to vote and the rights of the visually impaired to vote in secret. Attempts to challenge the lack of implementation of the Constitutional provisions advancing the rights of these groups at the Constitutional Court were unsuccessful. On voter education, the Electoral Act provides that voter education must be funded solely by local contributions or donations. Foreign funding for voter education must be channeled through ZEC for onward allocation. It would have been ideal if this provision had been repealed before the election as it is not justifiable in a democratic society where freedoms of association, expression, etc are upheld. What is more absurd is that ZEC is not obliged to set up a proper structure for the management of these funds. 4 5 See section 192(6) of the Electoral Act. Section 12(1)(e) of the Electoral Act. 24 | P a g e