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Electoral system and processes
the election – still appoints members of ZEC. Another challenge related to the
involvement of the three political parties in Parliament, which effectively politicised the
appointment process and subsequent composition of ZEC.
The ZEC was initially headed by Justice Mutambanengwe and comprised a total of nine
commissioners. The commissioners were appointed by the President from a list of not
less than 12 nominees submitted by the Committee on Standing Rules and Orders. After
the resignation of the first chairperson, there was leadership gap at ZEC, although the
deputy chairperson, Joyce Laetitia Kazembe assumed the chair in an acting capacity. The
Constitution requires the Chairperson to be a person who qualifies to be a judge, which
Kazembe is not. Several key processes were therefore presided over by a person not
qualified to be the Chairperson and head the Commission and its decision-making
processes. This leadership gap was subsequently challenged in the case of National
Constitutional Assembly & Anor v The President of the Republic of Zimbabwe & Anor.19
Before the matter could be heard, however, the President rushed to appoint a qualified
substantive Chairperson, Justice Rita Makarau, in order to avoid an adverse decision
being made through the courts a few days before the referendum was held.
Whilst new commissioners were appointed, the ZEC secretariat remains unreformed. 20
In the past, concerns have been raised by various stakeholders that some of the staff
members were from the military and intelligence services.21 In addition, they comprised
the same personnel who had overseen disputed elections in the past. As such, the
composition of the secretariat in the absence of meaningful reforms does not satisfy the
required impartiality of national institutions prescribed in the SADC Principles22 and
neither does it inspire public confidence.
The Electoral Act as amended does not elaborate on the qualifications of the Chief
Elections Officer despite the sweeping powers that he has with managing affairs,
supervising and controlling activities relating to a national process.23 The Chief
Elections Officer is also the accounting officer. This position is untenable as there are no
checks and balances at the senior management level to ensure that funds are not
misappropriated or misallocated. Finance and programming have to be separate to
ensure sound management of ZEC and instill confidence in stakeholders. In any event
crowding one person with too many functions will result in pressure of implementation,
as they will be inundated with work and supervision responsibilities.
The Electoral Act categorically states that Chairpersons of the public service, health
service board or any other responsible authorities of any statutory body or council shall
second such persons in the employment of the State to be staff members of ZEC during
elections.24 This pool of persons who can be seconded to ZEC continues to be the
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24
Constitutional Court of Zimbabwe unreported case SC 54/13.
M Matenga “ZEC secretariat must be disbanded: ACT” Newsday (17 January 2013) p 5.
See ZLHR 2008 Pre-election report.
See Principle 7.3 of the SADC Principles.
Section 9(2)(b&c) of the Electoral Act.
Section 10(1) of the Electoral Act.
Select target paragraph3
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