3. LEGAL FRAMEWORK 3.1. Legal framework for the by-election The Constitution, Electoral Act, Statutory Instruments and Regulations form part of the Legal framework governing the conduct of by-elections. The Legal framework requires that set polling dates comply with both section 158(3) and 159 of the Constitution, and section 39 of the Electoral Act, both of which require voting in a by-election to be completed within 90 days of the vacancy occurring. The Mhondoro-Mubaira by-election was held within the prescribed 90-day deadline. 4. ELECTION ADMINISTRATION 4.1. Administration of the Elections: Section 239 of the Constitution gives the Zimbabwe Electoral Commission, the mandate to conduct and supervise elections and election related activities. However the capacity to deliver this mandate is negatively affected by the inability of Government to avail adequate resources timeously. Despite the perennial funding challenges that ZEC faces the Commission continues to make commendable efforts to enfranchise voters. ZEC largely completed administrative and logistical preparations on time for the by-election; in particular distribution of election materials to polling stations was on schedule. 4.2. Voter Education In every election, voter and civic education are necessary to ensure that all constituents— men and women alike—understand their rights, political systems, contesting parties messages, and how and where to vote. For an election to be successful and democratic, voters must understand their rights and responsibilities, and must be sufficiently knowledgeable and well informed to cast ballots that are legally valid and to participate meaningfully in the voting process.3 ZESN was accredited by ZEC to conduct voter education for the by-election. ZESN’s contribution included printing and distribution of voter education materials (over 1800 pamphlets and 500 posters) and well as offering 3 voter educators to complement ZEC’s own team which comprised of over 40 voter educators. ZESN notes that voter education is a resource intense exercise that ZEC has been unable to effectively deliver, and on a continuous basis, largely due to funding constraints. Conducting voter education close to the dates of an election is not ideal because voter educators from ZEC and accredited CSO are forced to compete with political parties for attention of the voter. 3 Civic and Voter education: http://www.un.org/womenwatch/osagi/wps/publication/Chapter5.htm 8|P a g e