Zimbabwe – Ready for Elections? 7 Councillors.15 Proportional representation has been said to be “women friendly” and will ensure participation of women in politics.16 However, the unintended consequences of this has been a reduction in participation of women candidates as contestants for elective seats in the National Assembly and further marginalisation by pushing them to contest the 60 reserved seats. This will continue to be problematic, and may lead to a substantial decrease over the next 10 years in which the quota system will be in place with respect to elective seats in the National Assembly. Once the quota system is removed after 10 years, there could therefore be substantially fewer women in Parliament than was the case in 2008. 2.3 Key reforms and progress The Zimbabwe Electoral Commission (ZEC) was re-constituted in terms of Constitutional Amendment No. 19. The Electoral Laws Amendment Act of 2012 incorporated the provisions of the Zimbabwe Electoral Commission Act into the Electoral Act and elaborated on the functions of the electoral management body. The reconstituted ZEC managed the conduct of a constitutional referendum leading to the adoption of a new Constitution that was published and came into force on 22 May 2013.This constitution made substantive amendments to the electoral process and required revision of several other statutes impacting on elections. However, the Constitutional Court in the Mawarire case compelled the President to announce an election date before these amendments and alignment of electoral laws to the new Constitution could be made. A number of applications filed for extension of the election date to accommodate these critical reforms were dismissed, with reasons not yet having been provided by the court. Consequently, the only amendments made to the Electoral Act were imposed by Presidential powers and not subject to review by Parliament. Alignment of all other related laws was not done. 2.4 Election Management Body 2.4.1 Composition and training Constitutional Amendment No. 19 and the 2012 amendments to the Electoral Act effectively changed the appointment process and composition of ZEC. The legislature took a more proactive role to ensure independence and impartiality, as articulated in the SADC Principles and the AU Declaration.17 In early 2010, prospective commissioners were interviewed by the Parliamentary Committee on Standing Rules and Orders.18However one problematic feature of the appointment process that remained unchanged was the fact that the President – who is a candidate and interested party in 15 Section 124(1)(b) of the Constitution of Zimbabwe amendment (No 20); Section 45E(2)(f) of the Electoral Act. 16 See n 10 above. 17 Note 3 above; Part II (c) of OAU Declaration. 18 Section 2 of the Electoral Law, as amended.

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