Commissions Watch 6/2016
Zimbabwe Electoral Commission:
Six Vacancies Filled
18 August
Reappointed members
Mrs Joyce Kazembe, Mr Daniel Chigaru and Mrs Sibongile Ndlovhu
The Commissioners were sworn into office on 7th July 2016.
Commissioners’ Term of Office
In terms of section 238(5) of the Constitution, ZEC commissioners serve a
six-year term of office and may be re-appointed, subject to a maximum of
twelve years in office, whether continuous or not. Commissioners
Kazembe, Chigaru and Ndlovhu, because they have already served six
years, will not be eligible for reappointment when their terms of office expire
in 2022. New Commissioners Kundidzora, Mushonga and Sebata will be
eligible for reappointment.
Background of ZEC and ZEC’s Composition Since 2010
ZEC was established as a Independent Constitutional Commission by the
Nineteenth Amendment to the former Constitution [Act 1/2013]. Its first
members were sworn into office on 31st March 2010 – Justice Simpson
Mtambanengwe (Chairperson), Mrs Joyce Laetitia Kazembe (Deputy
Chairperson), Mr Daniel John Chigaru, Mr Theophilus Gambe, Dr Petty
Makoni, Mrs Sibongile Ndlovu, Mrs Bessie Fadzai Nhandara, Professor
Geoff Feltoe, and Mr Mkhululi Nyathi . The transitional provisions of the
present Constitution provided for them to continue in office until the expiry
of their existing terms of office.
In February 2013, Justice Mtambanengwe resigned. Mrs Kazembe then
served as Acting Chairperson until 15th March 2013 when Justice Rita
Makarau was appointed as Chairperson. The Constitutional Referendum
took place on 16th March and was followed by the adoption of the present
Constitution and the holding of the Harmonised Elections on 31st July
2013.
On 31st July 2013, polling day in the Harmonised Election, Commissioner
Nyathi tendered his resignation to the President. A few days later
Commissioner Feltoe resigned on 5th August. These two vacancies were
filled in 2015 by the appointment of Commissioner Magade and
Commissioner Moyo. Only six commissioners, therefore, reached the end
of their terms of office on 31st March 2016.
Current Composition of ZEC
Pre-2016 Appointments
Justice Makarau [chairperson] Justice Makarau has served as the ZEC
chairperson since her appointment in 2013. Section 238(2) of the
Constitution requires the chairperson to be a judge or former judge, or to be
a person qualified to serve as a judge. Justice Makarau became a High
Court judge since 2000, and was appointed Judge President of the High
Court in 2006 [to date, she is the only woman to have served as Judge
President]. In 2010 she was appointed as a judge of the Supreme Court.