favour.16 Overall, it is trite that as an institution ZEC must not only be independent
but also impartial in all its operations. In the past, concerns over ZEC’s independence
have however repeatedly been raised by a number of stakeholders. There have been
allegations of militarisation of ZEC officials,17 partiality of some key ZEC officials,
and executive interference in its operations.18
4.1.2
Frequency and other timelines for the process
ZEC must determine electoral boundaries every ten years, so as to fall as soon as
possible after a census has occurred. 19 The delimitation of boundaries must be
completed at least six months before elections for the new boundaries to apply. 20
Once ZEC has completed the delimitation of wards or constituencies, a preliminary
report must be submitted to the President. 21 The Constitution does not provide a
timeline within which ZEC must produce a preliminary report. Information to be
provided in the delimitation report includes the list, names of wards and
constituencies, description of boundaries, map or maps showing delimited zones and
any further information of particulars considered necessary. 22 This gives ZEC the
discretion of determining information that will be included in this report, and gives it
some measure of independence in terms of what it chooses to disclose to the
executive given that the report goes to the President. Unfortunately this does not
eliminate the advantage that has historically been given to the political party from
which the President hails, of obtaining information ahead of others. When seized with
the preliminary delimitation report, the President must cause the report to be laid
before Parliament within seven days.23 Within a further fourteen days, the President
may refer the report back to ZEC for further consideration of any matter or issue, or
either House may resolve that the President refer the report back to Parliament, and
16
Section 135(1) (c) of the Constitution.
See J Makumbe Zimbabwe’s highjacked elections 13 Journal for democracy Volume 4
(2002) p 97; Zimbabwe Lawyers for Human Rights Zimbabwe geared for another election?
Then and now: 2008 elections in retrospect (2010) p 48.
18
As above.
19
Section 161(1) of the Constitution.
20
Section 161(2) of the Constitution.
21
Section 161(7) of the Constitution.
22
Section 161(7)(c) of the Constitution.
23
Section 161(7) of the Constitution.
17
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