ZESN - Promoting Democratic Elections in Zimbabwe 4. Legal Framework process and provides for the electoral system and other ancillary issues that include guarantees of independence of ZEC and its mandate, delimitation of electoral boundaries, and the determination of election disputes relating to the presidential election. It is important to note that the 2013 Constitution also espouses key principles of the electoral system as peaceful, free and fair, based on adult universal suffrage, equality of votes, free from violence and other malpractices, and secrecy of the ballot2. The Constitution also ushered in changes in the conduct of voter registration and the management of the voters' roll. The mandate of managing voter registration and the voters' roll was shifted from the Registrar General to ZEC. Section 239 also mandates ZEC to register voters, compile the voters' roll and registers, and to ensure the proper custody and maintenance of voters' roll and registers. Schedule Four to the Constitution further stipulates the requirements for registration and the reasons for disqualification of a potential voter. 4.1 Universal and Regional Principles and Commitments Zimbabwe is a member of the Southern Africa Development Community (SADC), African Union (AU) and United Nations (UN). As a member of these bodies, the country is bound by several instruments, by virtue of such membership or, where necessary, by virtue of voluntarily agreeing to be, bound by such human rights instruments. Key instruments include the Covenant on Civil and Political Rights, the African Charter on Human and Peoples' Rights (ACHPR), and the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW). It is universally acknowledged that the electoral system of a country must ensure the realisation of the right of every individual to participate in the government of their country. Participation in free, fair, and credible elections, as articulated in various local, regional and international human rights instruments, advances this fundamental right1. These instruments have a number of provisions on the right of citizens to participate in the government of their country and other ancillary rights for the realisation of this fundamental right. Further, there are regional and sub-regional norms and standards that have been developed to elaborate on those provisions as they relate to elections. The African Union Declaration on the Principles Governing Democratic Elections (the “AU Declaration”) and the SADC and Guidelines Governing Democratic Elections (the “SADC Principles”) are key examples closer to home. These guidelines and standards seek to ensure that citizens in Africa and the SADC sub-region in particular, enjoy and realise their right to participate in electing their government and how they are governed. 4.3 Electoral Act The Zimbabwean Constitution and the Electoral Act govern electoral processes in Zimbabwe. As the Constitution is the supreme law of the land, and any law that is inconsistent with it, is void to the extent of the inconsistency. It therefore follows that the revision of several other statutes impacting on elections was inevitable. In 2014, 2015, 2017, and 2018, several legislative reforms to electoral laws and other related legal provisions were introduced by Parliament (through amendments to the Electoral Act and the introduction of a General Laws Amendment Act) and through Presidential 3 Powers respectively, to advance political rights . The effectiveness and relevance of electoral reforms and their implementation in practice ahead of the 30 July 2018 elections must be measured against regional and sub-regional standards espoused in the AU Declaration and SADC Principles. There were no further reforms to 4.2 The Constitution The Constitution of Zimbabwe Amendment No. 20 made substantive amendments to the electoral 1 Article 13 of the African Charter on Human and Peoples' Rights (ACHPR); Resolution adopted by the African Commission on Human and Peoples' Rights during its 19th Session in C Heyns (ed) “Introduction to the African Commission' Human Rights Law in Africa (2004) p 407; Part IV (2) of the OAU Declaration on the Principles Governing Democratic Elections (OAU Declaration); Article 21 of the ACHPR; Article 25 of the International Covenant on Civil and Political Rights (ICCPR); Article of 7 of the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW). 2 Section 155(1)(a-d) of the Constitution of Zimbabwe amendment (No 20). 3 The 2013 Constitution recognises political rights of every Zimbabwean to vote and be voted into office in section 15 REPORT ON THE 30 JULY 2018 HARMONISED ELECTIONS ZESN