Zimbabwe – Ready for Elections? 5 2 Electoral system and processes 2.1 The Electoral system It is universally acknowledged that the electoral system of a country must ensure the realisation of the right of every individual to participate in the government of their country. Participation in free, fair and credible elections, as articulated in various local, regional and international human rights instruments, advances this fundamental right.1In 2012 and 2013, several legislative reforms to electoral laws were introduced by Parliament (through amendments to the Electoral Act and the introduction of a new constitution on 22 May 2013) and through Presidential Powers respectively, to advance political rights.2 The Presidential and local government elections of 2013 will be decided using the firstpast-the-post system.3 A mixed system of first-past-the-post and proportional representation for the women’s quota system will ascertain those to be elected in the National Assembly.4 Senatorial seats are now solely based on proportional representation, whilst provincial government is a mixed system.5 The new Constitution also espouses key principles of the electoral system as peaceful, free and fair, based on adult universal suffrage, equality of votes, free from violence and other malpractices, and secrecy of the ballot.6 The effectiveness of recent electoral reforms and their implementation in practice will be measured against regional and sub-regional standards such as the OAU/AU Declaration on the Principles Governing Democratic Elections (the “AU Declaration”) and the SADC Principles and Guidelines Governing Democratic Elections (the “SADC Principles”). These guidelines and standards seek to ensure that citizens in Africa and 1 2 3 4 5 6 Article 13 of the African Charter on Human and Peoples’ Rights (ACHPR); Resolution adopted by the African Commission on Human and Peoples’ Rights during its 19th Session in C Heyns (ed) “Introduction to the African Commission’ Human Rights Law in Africa (2004) p 407; Part IV (2) of the OAU Declaration on the Principles Governing Democratic Elections (OAU Declaration); Article 21 of the ACHPR; Article 25 of the International Covenant on Civil and Political Rights (ICCPR); Article of 7 of the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW). The new Constitution recognises political rights of every Zimbabwean to vote and be voted into office in section 67. Section 110(3)(f)(ii) of the Electoral Act says the candidate who has received more than half the votes is declared to be the winner. Section 124(1)(a&b) of the Constitution of Zimbabwe amendment (No 20). Section 120(1)(a-d) of the Constitution of Zimbabwe amendment (No 20). Section 155(1)(a-d) of the Constitution of Zimbabwe amendment (No 20).