A post-election de-briefing session was conducted to discuss Election Day observations,
challenges, what went well and lessons learnt. The discussions provided the basis upon
which the preliminary statement was drafted also attached as Annex 2..
4. Legal Framework
The legal framework for elections in Zimbabwe is guided by international and regional
conventions on elections which include, the Universal Declaration of Human Rights
(UDHR), International Covenant on Civil and Political Rights (ICCPR), AU Charter on
Democracy, Governance and Elections, SADC Principles Governing Democratic elections,
among others.
The Constitution of Zimbabwe also forms the bedrock upon which the electoral
architecture is premised. Fundamental freedoms of assembly, association, expression,
and media are enshrined in the Constitution. Section 67 of the Constitution further
provides for free and fair elections, free political choices, free and peaceful campaigns,
participation in peaceful political activity, and form, join and participate in the activities of
a political party or organisation of choice. Section 155 of the Constitution provides for
elections which must; be peaceful, free and fair; conducted by secret ballot; based on
universal adult suffrage and equality of the votes; and free from violence and other
electoral malpractices. Functions of the ZEC are provided in Section 239 of the
Constitution.
The Electoral Act (Chapter 2:13) provides the basis upon which the electoral operations
and elections are conducted. Other laws relating to elections in Zimbabwe, include the
Political Parties (Finances) Act (Chapter 2:06), Public Order Security Act (POSA), Access
to Information Protection of Privacy Act (AIPPA), electoral regulations, among others.
The Electoral Amendment Act of 2018 was gazetted on the 28th of May 2018 bringing into
effect a number of critical reforms ahead of the elections. Some of the new provisions
adopted include, provisions on Biometric Voter Registration (BVR)2, that the ZEC should
maintain and keep electronic and printed voters rolls and ZEC prepare and maintain in
printed and electronic form consolidated national roll; and consolidated ward and
constituency roll. Whilst previously voter registration for the elections closed 12 days
after nomination, amendments were made, and the voters’ roll and voter registration
would close 2 days after proclamation. The new provisions also provide for the
Commission to provide voter education that is adequate, accurate, gender sensitive and
unbiased, whilst the clause that voter education cannot be conducted using foreign
contributions or donations was repealed. The Commission is now mandated by the law to
ensure that ballot papers that are printed do not exceed 10%. The Electoral Act now
removes the requirement for an electoral officer to witness how a visually impaired
person votes if they bring a person of their own, establishes the Electoral Court as a
subdivision of the High Court, among others.
2
Section 157 (1) b) provides that an Act of Parliament must provide for the conduct of elections and
referendums to which this Constitution applies, and in particular for the following matters - the registration of
th
voters, and requirements for registration on particular voters’ rolls. BVR commenced on the 14 of September
2017 through proclamation of Statutory Instrument
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