alternate on the “zebra lists”, with a woman always at the top of each of the lists for the ten
provinces.
4.5 Code of Conduct
A more comprehensive Code of Conduct for Political Parties, Candidates and other
Stakeholders was added to the Electoral Act. If implemented, it will create a culture of
mutual respect and tolerance amongst political parties. This was a welcome development as
the code clearly stipulates the way political parties, candidates, agents, and their supporters
should conduct themselves. It also covers issues such as politically-motivated violence,
assault and intimidation, which had been inadequately dealt in previous election cycles. The
code also addresses issues of hate language; damage and defacing of campaign material;
the coercion of voters to participate in political parties’ activities, and calls on political
players to respect the role of the media and women in elections. It contains a sanctions
mechanism through the resolution of disputes within Multiparty Liaison Committees, the
sanctions in the Electoral Act including fines, imprisonment, fines, as well as disqualification
from voting or filling a public office.
Thus the Code of Conduct is comprehensive in dealing with electoral issues that had plagued
the Zimbabwean electoral cycle in previous elections. The Code of Conduct also outlines the
duty of political parties, the ZEC and other stakeholders to collaborate with law
enforcement and judicial authorities, including the ZRP, the NPA, and the Courts, in
preventing and sanctioning offenses in the electoral process and these are great strides in
ensuring respect for the rule of law during elections.
However, the provisions of the Code were not followed by several political parties. This led
to numerous court cases being filed before the election wherein the applicants were
violating some provisions of the Electoral Act. In some of these cases, the applicants alleged
intimidation of their supporters and vote buying, amongst other electoral malpractices.
However, several of the application were dismissed as the litigants did not have adequate
evidence some notable examples include Nyamadzawo v Chiweshe EC 12/18. Some of the
orders sought by applicants were granted as was the case with Mangondo v Kariwo and 2 Ors
EC13/18.
4.6 Electoral Court Establishment
The Electoral Court is established in Section 161 of the Electoral Act. It has jurisdiction to hear
appeals, applications and petitions in terms of the Electoral Act. On 28 May 2018, an
Electoral Amendment Act was passed and it brought some changes and clarity on some of
the court procedures. For instance, Section 121 makes it clear that the Electoral Court is a
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