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Election dispute resolution mechanisms
Sekiwa Loveness
Loveness appealed against the rejection of her nomination papers on the basis that she
had produced a short form birth certificate instead of the long one. She intended to be a
candidate for Hurungwe East ward 21 council elections. Her appeal was upheld.
Innocent Ncube & Farai Chonzi
These aspiring candidates appealed against the rejection of their nomination papers on
the basis that they had not produced proof of registration as voters. They intended to be
candidates for Hwange East Wards 17 and 18 council elections. The appeal was
dismissed with costs as it was filed out of time.
4.3.3
Magistrates’ Courts
Magistrates’ Courts are identified in the Electoral Act to be designated by the Judicial
Services Commission to deal with cases of electoral-related violence and fraud. They
were established barely two weeks before the 31 July 2013 elections. These courts are
supposed to play a critical role in dispute resolution, especially when these disputes are
not contained and have resulted in political violence. Thus far it is not clear how many
cases have been dealt with through this forum, especially as there has been a lack of
voter education and publicity about these new courts and how complainants can access
them.
4.3.4
Non-judicial
The Zimbabwe Human Rights Commission
A Zimbabwe Human Rights Commission (ZHRC) was established in terms of section
100R of the Lancester House Constitution of Zimbabwe. The Electoral Act provides that
it must establish special police units to deal with politically-motivated violence. The
ZHRC has not been fully operational due to lack of human and financial resources. It has
however managed to make a statement calling for peace during the elections.17
4.3.5
Multi-party liaison committees
A political parties code of conduct was developed and adopted,18 and subsequently
amended to include the need for political parties to strive for political tolerance.19 These
committees have been set up rather late to meaningfully contribute to curb violence
before the 31 July elections.
17 Z Lubombo “Commission calls for peace” The Herald (15 July 2013) p 2.
18 Fourth Schedule to the Electoral Act.
19 L Gumbo “ZEC tightens electoral code of conduct” The Herald (8 November 2012) p 2.
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