1 Promoting Democratic Elections in Zimbabwe ANALYSIS OF THE ELECTORAL AMENDMENT ACT OF 28 MAY 2018 AND OUTSTANDING REFORMS AHEAD OF THE 30 JULY 2018 ELECTIONS The 2013 Constitution provides for the overall framework for the conduct of elections in Zimbabwe, which must be managed by an independent Zimbabwe Election Commission that is subject to the Constitution and the other laws. The Constitution also provides for political rights – the right to vote and the right to be voted into office. Since adoption of the Constitution in 2013, Zimbabwe Election Support Network (ZESN) and Zimbabwe Lawyers for Human Rights (ZLHR, have been calling for alignment of the Electoral Act to the Constitution. In some instances, ZESN and ZLHR have also been calling on the implementation of provisions of the Constitution as non-alignment must not undermine implementation as some provisions can just be implemented without waiting for alignment as the Constitution is the highest (supreme) law of Zimbabwe. Responses by government to calls for alignment have been piecemeal through a number of Acts that include; 1. 2. 3. 4. Electoral Amendment Act, 2014 General Laws Amendment Act, 2016 Electoral Amendment Act, 2018 Judicial Laws, Ease of Settling Commercial and other Disputes On 28 May 2018, another Electoral Amendment Act was passed and the 2018 Election date was announced thereafter. Consequently, as a result of the announcement of the Election day as 30 July 2018, any amendments to the Electoral Act that happen after the proclamation do not apply to the 2018 elections, but other future elections. The Electoral Amendment Act as passed on 28 May amends some sections and repeals some sections in the Electoral Act. However, the Electoral Act as amended does not fully address the concerns raised by ZLHR and ZESN in previous analyses of the Electoral Act. The Electoral Act now removes the requirement for an electoral officer to witness how a visually impaired person votes, establishes the Electoral Court as a specialised division of the High Court and sets out a new and detailed Electoral Code of

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