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:
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Voter Registration and the Voters Roll
Polling Station Based Voters Roll
Presidential Elections and Results
Pre-Emption of Results
Vote Recounts
Voter Education
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