party Principals in January 2013, and by Presidential Proclamation, the 16th July was set
aside as the day that a referendum would be held on the constitutional draft. While the
draft was a compromise document which still contained a disturbing concentration of
executive powers, it also put in place important changes such as presidential term limits,
more accountability of the security and judicial services, a more independent national
prosecuting authority, limited devolution of power, and stronger citizenship rights.
The National Constitutional Assembly (NCA), which had opposed the COPAC process, filed
an application to the High Court in February 2013 seeking an order interdicting the
Zimbabwe Election Commission (ZEC) from conducting the referendum. The NCA sought
the court order on the grounds that the Proclamation be declared unlawful and ultra vires
Section 3 of the Referendum Act Chapter 2:10. Predictably the High Court rejected the NCA
case ‘in its entirety’ stating that the President’s conduct was ‘not subject to review by a
court.’5
The referendum went ahead on the 16th March 2013, with the overwhelming majority of
voters, 3,079,966, voting for the new constitution, while a small number, 179,489, voted
against. The total number of votes cast was 3,259,454.6 The referendum vote recorded the
largest voter turnout in the post‐colonial period, with marked increases in each province in
comparison with the March elections. Harare and the three Mashonaland Provinces
recorded the largest turnouts, while the Southern Matabeleland regions recorded the
lowest.7 The major reasons for the large voter turnout included the broad consensus of the
GPA parties on the draft constitution, the relaxed voting requirements, the less complex
voting procedure and the ‘relatively prevailing peaceful political engagements.’8 Ominously
the large voter turnout also gave an indication that ZANU PF was mobilizing its support
base in preparation for the general elections, and that the party had been steadily
registering voters in preparation for this forthcoming event.
The Possibility of Regional and International Consensus in the
Interregnum between the Referendum and the Election
In the aftermath of the referendum there appeared to be a growing consensus between
SADC, the EU and to a lesser extent the US on the way forward. SADC commended
Zimbabwe for holding a credible, free and fair constitutional referendum,’ and urged the
GPA parties once again to ‘finalise the outstanding issues in the implementation of the GPA
5 Constitution Watch 11/2013, Harare, 2nd March 2013.
6 Zimbabwe Human Rights Bulletin, “Zimbabwe resoundingly votes for a new constitution,” 19 March 2013.
7 Electoral Resource Centre, “ ‘Miracle Votes’‐ An analysis of the March 2013 Referendum.” March 2013.
8 Ibid.
9