this has to be done.24 Then ZEC may give further consideration to the matter or issue
but ZEC makes the final decision on the report.25 The report must then be sent back to
the President as soon as possible who is obliged to publish a proclamation in the
Gazette within fourteen days of receiving the report declaring the names of relevant
wards and constituencies, and their boundaries.26
Other than the timeframe for feedback by the President and parliament, there are no
timelines for ZEC to complete the preliminary report. The absence of timelines is not
peculiar to the Zimbabwean legal framework, but common in other countries.
It would appear that the involvement of the executive and legislature in the
formulation of the delimitation report is of no consequence as ZEC still has the final
say. In fact the requirement that the report is presented, or laid before, these two arms
of government just further lengthens the timeframe within which the report can be
finalized, given that ZEC is not obliged to take into consideration their views or
concerns. While this conforms to the principle of independence of ZEC, it creates
unnecessary bureaucratic procedures.
4.1.3
Factors to be considered during delimitation process
The Constitution further provides that the number of voters must be equal in every
constituency as far as this is possible.27 However, while ZEC may depart from this
requirement to a reasonable extent, no ward or constituency may have more or less
registered voters than the 20 percent margin.28
Section 161(6) of the Constitution further provides guidance on factors that ZEC must
take into consideration when conducting the delimitation process that include;
physical features
means of communication
geographical distribution of voters
24
Section 161(8) of the Constitution.
Section 161(8) of the Constitution.
26
Section 161(11) of the Constitution.
27
Section 161(3) of the Constitution
28
Section 161(6)(f) of the Constitution.
25
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