The Amendments fail to address the issue of judges sitting in the Electoral Court in the wake of Section 83 of the Constitution that
prohibits judges from sitting in more than one court.
In addition, other outstanding issues remain, that include confirmation of ZEC’s responsibility to delimit constituencies and ward
boundaries in terms of Sections 160 and 161 of the Constitution.
In summary the GLAA fails once again to ZESN concerns in previous policy papers. ZESN reemphasises the need for holistic not piecemeal
reforms, type of voter registration methodology should be provided for in the Electoral Act, voter education provisions should be relaxed,
independence of ZEC should not be curtailed. The amendments to the Act fail to adequately harmonise the Constitution of Zimbabwe with the
enabling Act. More still needs to be done if the country is to have a comprehensive legislative framework that resonates with the letter and
spirit of the Constitution
Below is a commentary on specific provisions of the GLAA relating to the Electoral Act requiring specific comments and analysis:
Sections of Part
VI of the GLAA
relating to the
Electoral Act
Section 1
Summarised provisions of GLAA
ZESN analysis and comment
(a)This section introduces a definition for the word, “absence”
used in the context of the absence of the Chairperson of the
Commission. In terms of the section absence will include absence
occasioned by the vacation of the Office of the Chairperson.
This provision seeks to ensure continuity by expanding the definition of the
term, ‘absence.’ The amendment is progressive as it ensures that there is
continuity of electoral processes even when the chairperson is unavailable. It
allows for the deputy chairperson or another Commissioner to take over the
roles of the chairperson in his/her absence
(b) The section repeals definitions of "constituency registrar" and
"registration office" and substitutes with
"registration office" means any office of a voter registration officer
or office designated by the Commission as a place where persons
may register as voters;
"voter registration officer" means a person who is appointed in
The repeal of the definitions to the terms “constituency registrar” and
“registration office” and the new definitions is consistent with the
constitutional provisions under Section 239 of the Constitution which now
vests the election-related process in the office of the Commission. Previously
Section 19 of the Electoral Act allowed for members of the civil service to act
as constituency registrars under the supervision of the Registrar-General of