ZIMBABWE ELECTION SUPPORT NETWORK Priority Areas for Electoral Reforms in View of Impending By- Elections and Constitutional Referendum The Zimbabwe Election Support Network has proposed a series of further reforms to the electoral laws of Zimbabwe. However while all of these changes should be put in place prior to the holding of impending byelections and the constitutional referendum, time may not allow passage of some of these reforms. Accordingly, this paper seeks to prioritize the reforms that should be adopted, firstly for the by-elections and secondly for the constitutional referendum. PRIORITY AREAS BEFORE BY-ELECTIONS A year after signing of GPA, vacancies for elected parliamentary seats are still to be filled, Parliament on one hand claiming that they promptly notified the President’s Office about the existence of vacancies in the membership of the Houses of Assembly and Senate while ZEC on the other hand claims that there is no money to hold by-elections and even suggesting that by–elections cannot be held until new ZEC is in place. This is despite the fact that section 39 [2] of the Electoral Act explicitly states that the President and the Commission has to be notified [in writing] by the President of the Senate or the Speaker of the House of Assembly once a vacancy exists in the membership of either the House of Assembly or Senate. On receiving this notification, the President is obliged [within a period of fourteen days] to publish a notice in the Gazette ordering a new election to fill the vacancy. Essential Prerequisites For electoral reforms to take hold, certain essential prerequisites must be in place, among which are the need for a complete change in political mindset; the need for a strong, independent ZEC manned by non partisan management staff; the need for drastic overhaul of all laws such as POSA and AIPPA which curtail freedom of assembly, association, speech and media freedom; and, the need to ensure impartiality in the enforcement of law by the police. Electoral experiences strongly suggest that legal reforms alone without political will to enforce them are not enough as they are at high risk of being flouted with impunity. For instance while comprehensive provisions on intimidatory practices cover all forms of violence and intimidation, these have been rendered ineffectual by partisan police force who fail to enforce them to protect party supporters from one party against violence

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