A CRITICAL REVIEW AND ANALYSIS OF ZIMBABWE’S ELECTORAL AMENDMENT BILL, 2011 BY THE ZIMBABWE ELECTION SUPPORT NETWORK (“ZESN”) ITEM SUBJECT LAW AND ANALYSIS I INTRODUCTION This is a review by the Zimbabwe Election Support Network (“ZESN”) of the proposed amendments to Zimbabwe’s legislation on the management and conduct of elections in the country. The Electoral Amendment Bill, 2011 (hereafter, “the Bill”) seeks to amend the Electoral Act (Chapter 2: 13) (hereafter, “the Act”). For purposes of this report, the Zimbabwe Electoral Commission will be referred to as “the Commission”. The overriding purpose of electoral laws is to facilitate a free and fair election between competing parties. To this end, ideally, electoral legislation provides for rules and institutions to ensure a fair and level ground for contestants and voters. The rules must be robust enough to prevent manipulation and to ensure that they can be implemented and enforced by interested parties and institutions. This critique will, therefore, outline the nature of the rules and institutions provided for in the Bill and critically assess whether they are fit to fulfil the overriding purpose, which is to facilitate free and fair elections. The critique will highlight strengths, point to any pitfalls and weaknesses and where relevant and necessary alternative suggestions will be made. It will conclude with a set of recommendations. II ISSUES The Bill covers many issues, all of which are of critical importance to the legal machinery governing elections. For purposes of comprehensive and holistic analysis, the matters covered by the Bill have been organised and divided in accordance with the following Thematic Issues: • • • • • • Voter Registration and the Voters Roll Polling Station Based Voters Roll Presidential Elections and Results Pre-Emption of Results Vote Recounts Voter Education 1

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