particular minority group. However, this must also not allow for active
discrimination against a majority group.
4. Analysis of legal framework on delimitation of election boundaries
The current framework for determining and reviewing electoral boundaries is
provided in a number of laws that include the Constitution of Zimbabwe Amendment
No. 20 (the Constitution) as read together with provisions of the Electoral Act
[Chapter], and the Census and Statistics Act [Chapter 10:29]. There have been recent
amendments to the Electoral Act that have been passed by parliament as provided in
the Electoral Amendment Bills of 2014 as well as the General Laws Amendment Act.
The Constitution came into effect on 22 May 2013. It is the highest law of the
country, and all other laws must comply it. In the event that other legislative
provisions are inconsistent with the Constitution, they are invalid to the extent of the
inconsistency.
4.1 The Constitution of Zimbabwe
The Constitution addresses issues relating to the institution with the mandate of
delimiting boundaries, the frequency of the delimitation process, and timelines for
producing the delimitation report. It also sets out a number of factors that must be
taken into account that influence the determination of boundaries.
4.1.1
Mandate to delimit electoral boundaries
ZEC now has the sole mandate of delimiting electoral boundaries, 14 unlike the
position a decade ago. In order for ZEC to discharge its delimitation function
effectively, it is a pre-requisite that other provisions on the independence of ZEC and
the principles of electoral system are respected, observed and protected by the three
arms of government, as provided in section 155(1-2) of the Constitution. The 2013
Constitution establishes ZEC as an independent commission in Chapter 12 that is not
subject to the direction or control of anyone.15 ZEC is supposed to act without fear or
14
15
Section 161 of the Constitution
Section 135(1) (a) of the Constitution.
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