2
Conduct for political parties, candidates and other interested stakeholders. Importantly, the Electoral Act now criminalises threatening statements by intimidators that they can
discover how a voter cast his or her ballot and this is important in light of the noting of serial numbers by perpetrators as a means to intimidate the electorate. It revokes section
40F of the Electoral Act which requires all foreign contributions for the purpose of voter education to be channelled through ZEC and abolishes the use of voter registration
certificates (registration slips) where a person’s name does not appear on a voters’ roll. There are a number of outstanding issues impacting the independence of ZEC, the
right to vote, procurement and printing of ballot papers remains shrouded /in secrecy and there are no provisions directing the separation of election residue to enable
petitioners to obtain a recount for a specified election. Another notable omission is the absence of a framework to guide the operations and accreditation of long term
observers.
The table below also highlights outstanding areas of reform (in blue) following the 28 May 2018 amendments.
Issue
Provision in
Act
Summary of Provisions
Comment
Section 4
Amended the interpretation section of the Electoral Act by adding
new terms and clarifying others.
By definitively stating that the Electoral Court is a division of the High Court,
this section harmonises provisions of the Electoral Act with the Judicial Laws,
Ease of Settling Commercial and Other Disputes Act, and clarifies the
question of appointment of Judges to the Electoral Court. Inclusion of and
definition of the terms ‘gender’ and gender equality is also a commendable
development, given the responsibility of all state agencies to promote full
gender balance and the participation of women in all spheres of Zimbabwean
society on the basis of equality with men.
What remains outstanding is clarifying the scope of the Electoral Court’s
subject matter jurisdiction, whether the court will deal only with election
petitions or any other election related matters whenever they arise at any
period in the electoral cycle.
Provision in Constitution
Definition of terms
New terms defined under this section include, ‘election petition,’
‘gender,’ ‘gender equality,’ and registration office. Clause 2 also
defines the Electoral Court and a general election.
Gender
Section 5 &11
Adds additional functions for ZEC to ensure that there is ‘gender
mainstreaming, and gender equality’ in electoral processes.
ZEC must also enhance gender equality on top of ensuring
independence,
impartiality
and
professionalism
of
Commissioners and agents of the Commission.
These provisions are commendable as ZEC must also ensure that gender is
mainstreamed in its work as well as ensuring fuller participation of everyone
regardless of gender. It is hoped that this will enable women to fully
participate in all activities carried out by ZEC in fulfilment of its mandate.
Section 18
The Minister is now required to obtain the approval of ZEC and
consult the former RGV before making regulations.
This provision maintains the role of the Minister in the introduction of
regulations on voter registration, sharing of information etc. ZEC must be left
to enact its own regulations without the consent or approval of the Minister or
the former RGV. Such involvement amounts to interference with the mandate
of a constitutional body. These powers are not supported by any constitutional
Section 17(1)(a) state must
promote full participation of
women
Voter registration &
Voters Roll
Section 239 (c,d&e)
functions of ZEC include to
The Minister must get approval from ZEC and consult the former
Registrar General of Voters (RGV) on how to deal with