ZESN - Promoting Democratic Elections in Zimbabwe
other laws whose application impacts on the
general ability of the citizens to participate in
elections, such as the Public Order and Security
Act (POSA), Access to Information and Protection
of Privacy Act (AIPPA), Citizenship Act amongst
other laws.
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.
4.4 Electoral System
Chapter 1, Section 3 (2) (b) of the Constitution
states the principles of good governance, which
bind the State and all institutions and agencies of
government at every level, include(b) An electoral system based on:
I. universal adult suffrage and equality of votes;
II. free, fair and regular elections; and
III. adequate representation of the electorate
The Constitution, Section 156 (a), provides that
whatever voting method is used, should be simple,
accurate, verifiable, secure, and transparent.
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 Zimbabwe Republic
Police (ZRP), the National Prosecuting Authority
(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.
Zimbabwe uses a mixed system of voting. The firstpast-the-post system is used for the election of
Councillors and National Assembly
representatives, where the candidate with a simple
majority wins the seat. An additional 60 seats are
reserved for women in the National Assembly
using a proportional representation system based
on the ratio of voters for the National Assembly.
For the presidential election, Zimbabwe uses the
majoritarian or two-round voting system. This
means that the winner must garner 50% + 1 of the
votes to avoid a second round or a run-off. If no
candidate gets the required 50%+ 1 vote there is a
second round of voting.
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
i n cl u d e N y am ad z aw o v C h i w e s h e E C
12/18(footnote). Some of the orders sought by
applicants were granted as was the case with
Mangondo v Kariwo and 2 Ors EC13/18.
Zimbabwe uses Proportional Representation for
the 60 senatorial seats. Political parties submit
closed lists to ZEC and, in order to promote gender
parity, females and males 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
16
REPORT ON THE 30 JULY 2018 HARMONISED ELECTIONS
ZESN
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