IRI/NDI Zimbabwe International Election Observation Mission Final Report 21 Pre-Election Period Election Administration Under the 2013 Constitution, the ZEC is one of several independent commissions established to support democracy.10 An independent and impartial election management body (EMB) is one that functions transparently and professionally, ensures that citizens are able to participate in the electoral process, and upholds international human rights obligations pertinent to the electoral process.11 During the pre-election period, there were several significant improvements in the administration of elections, including introduction of a fresh voters roll and biometric voter registry; polling station-based rather than ward-based voters rolls; a hotline and website where voters could verify their registration; and the welcoming of international observers. To accommodate the switch from a ward-based voters roll to a polling station-based voters roll, to its credit, the ZEC increased the number of polling stations, capped the number of registered voters assigned to each station at 1,000 and limited the printing of excess ballots to 10 percent. However, during the elections process, the ZEC took an extremely “legalistic” approach to comply with the requisite minimum standards for administration rather than employing its discretion to maximize public confidence in the process. Throughout the process, concerns were raised about its level of inclusiveness and transparency, leading to accusations that the ZEC was politically biased. In addition, provisions of the Electoral Act, which vests the minister of justice, legal, and parliamentary affairs with oversight authority over the ZEC and approval power over regulations adopted by the ZEC, led to concerns about the institution’s autonomy.12 The ZEC has nine commissioners who hold office for terms of six years and may be reappointed for a further six years. According to the law, the chairperson of the ZEC “must be a judge or former judge or person qualified for appointment as a judge.”13 After the resignation of the previous chair, President Mnangagwa nominated Justice Priscilla Chigumba to serve as chair in February 2018. Following a parliamentary nomination process that included, as its final phase, presidential appointment, Chigumba assumed her role as chair and, in every practical sense, became the public face of the ZEC. Chigumba’s alleged partisanship became a source of opposition complaints throughout the campaign and in their post-election petition to the Constitutional Court. The Electoral Act obliges the ZEC to “promote transparency and accountability” in its procedures and the performance of its functions.14 Initially, the ZEC took several steps toward more active stakeholder engagement, including outreach to civil society and facilitating the government’s decision to accredit international election observers. However, many of the ZEC’s decisions were 10 As prescribed in the 2013 Constitution, the ZEC’s mandate is as follows: to prepare for, conduct, and supervise elections and referendums; register voters, compile the voters roll, and ensure proper maintenance of the voters roll; delimit constituencies, wards, and other electoral boundaries; conduct and supervise voter education; accredit observers for elections and referenda; receive and consider complaints from the public; and take such action in regard to the complaints as it considers appropriate. Other such bodies include the Zimbabwe Human Rights Commission (ZHRC), the Zimbabwe Gender Commission (ZGC), the Zimbabwe Media Commission (ZMC), and the National Peace and Reconciliation Commission (NPRC). 11 UNHRC, CCPR, GC 25, 20 requires that “[a]n independent electoral authority should be established to supervise the electoral process and to ensure that it is conducted fairly, impartially, and in accordance with established laws that are compatible with the covenant.” 12 Constitution of Zimbabwe; [Chapter 12, Part 2]; s. 238(2) 13 Constitution of Zimbabwe 2013; [Chapter 8, Part 2]; s. 187 14 Electoral Act; [Chapter 2:13]; s. 192(6)