The legal framework
According to its 2013 Constitution (as amended), Zimbabwe is a unitary, democratic
and sovereign republic founded on values and principles of constitutionalism, the
rule of law, respect for human rights and fundamental freedoms, cultural diversity
including religious and traditional values, good governance and recognition of its
liberation struggle. In particular, Zimbabwe’s Constitution stipulates: a multi-party
democratic political system; an electoral system based on universal adult suffrage
and equality of votes; free, fair and regular elections; adequate representation of
the electorate; the orderly transfer of power following elections; respect for the
rights of all political parties; the separation of powers; transparency, justice,
accountability and responsiveness; and respect for the people of Zimbabwe, from
whom the authority to govern is derived.
The Constitution guarantees equal citizenship and fundamental rights and freedoms,
including the freedoms of expression, assembly and association, without
discrimination. Zimbabwean citizens of at least 18 years of age are guaranteed
political rights to vote in secret and (subject to further age and other requirements)
to stand for office. Citizens are further guaranteed political rights to political party
formation and related peaceful activity.
The following national legislation provides for the legal and regulatory framework
for the conduct of the elections:
The Constitution of Zimbabwe 2013
Electoral Act (Chapter 2:13)
Electoral Regulations
Political Parties (Finance) Act (Chapter 2:11)
Public Order and Security Act (Chapter 11:17)
Access to Information and Protection of Privacy Act (Chapter 10:27)
The Judicial College Act 1999
Zimbabwe is a member of intergovernmental organisations including the United
Nations, the African Union and the Southern African Development Community. On
9 May 2018, Zimbabwe expressed interest in re-admission to The Commonwealth.3
Zimbabwe has voluntarily accepted international obligations and commitments
relevant to democratic governance, including the conduct of elections, with a view
to realisation of the fundamental norm that the will of the people shall be the basis
of the authority of government. These are stipulated in the following instruments,
among others:
3
The Constitutive Act of the African Union
The African Charter on Human and Peoples’ Rights
Accordingly, the Commonwealth’s values are relevant in the Group’s assessment of these elections.
13
Select target paragraph3
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