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 10 | P a g e

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