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.