5 188(1)193(a) Preparation for Elections Enables ZEC establish two or more independent polling stations to serve the same polling station area, and to split the voters’ roll for that area between such polling stations, if ZEC finds that the estimated number of voters to be served by any polling station exceeds the number determined by it to be manageable.  The section brings a measure of opaqueness to the voting process as there is no guidance as to what should be considered ‘manageable’ by the Commission. Section required There is no provision for ZEC to provide an election timetable ahead of any election Section 268 Elections to provincial councils must be held in accordance with Electoral Act Section required No provision in Electoral Act on provincial councils.  This section must provide the timeline within which ZEC must provide its timetable for election, with relevant information such as the date by when the timetable must be gazetted, cut-off date within which voters’ roll must be provided etc.  The electoral law must make provision for the provincial councils and election of chairpersons for the provincial council as provided in section 268 of the Constitution that provides for devolution of power. Delimitation Section 37B Removes President from the delimitation of constituencies processes and repeals the whole section. Section 239(f) Role of ZEC to delimit constituencies Section 157 & 161 ZEC to periodically delimit constituencies & wards once every ten years soon as possible after census  This consolidates the independence of the ZEC. Bringing provisions of the Act in conformity with section 239(f) of the Constitution which makes the delimitation of constituencies the role of ZEC. Section required Act does not elaborate on delimitation process  ZESN and ZLHR recommend that constituency boundary delimitations provisions become elaborate to ensure that seat allocations enable voters to be represented in the legislature in roughly equal population ratios.  There is need to provide clear procedures and timelines to dispute the delimitation process through the Electoral Court. Section 239(a&b) to prepare for elections of the president, parliament, provincial and metropolitan councils, local authorities….to ensure conducted freely, fairly, transparently and in accordance with the law Section 22A  This section can make it difficult for stakeholders to properly plan in advance where they wish to deploy observers or polling agents, and it is not clear at what stage ZEC can decide to create more polling stations to serve the main polling station, and whether this will be sufficiently publicised. There is need to ensure that the establishment of additional polling stations does not affect proper planning and prejudice activities of other stakeholders involved in elections.

Select target paragraph3