Executive Summary
The promulgation of a new Constitution on 22 May 2013 necessitated the alignment of
subsidiary electoral laws with the Constitution. Section 157 of the Constitution particularly
obliged law-makers to enact an Electoral Law to give effect to the letter and spirit of the
Constitution. The legislature has since passed a number of amendments to the Electoral law
in fulfillment of Section 157. However it is submitted that the subsidiary laws still fall short
of reflecting the full extent of the letter and spirit of the Constitution. As Zimbabwe heads
towards its next general election in 2018, it is proposed that further legislative amendments
be given consideration to enhance the credibility of the process and outcome of the
forthcoming election.
Whilst not exhaustive, this policy paper highlights and discusses some of the desirable and
necessary amendments that should be considered before the next election is held. Despite
purported alignment efforts to date, the Electoral Act still exhibits a number of inadequacies
in areas that include management of the voter registration process, the voters’ roll, the right
to vote, voter education, the electoral court, and the independence of the Zimbabwe
Electoral Commission (ZEC), media access and code of conduct on elections. This paper
contains a framework to guide lobby and advocacy efforts with parliamentarians, policy
makers and other critical stakeholders such as ZEC.
In summary the following broad points are made:
There is need for legislative amendments to align the current Electoral Laws with the
Constitution. The comprehensive amendments should take into account views from
all stakeholders. The continued piecemeal approach to electoral amendments is not
helpful as it only leads to contestations to the electoral outcome due to the flawed
process.
There is need for electoral regulations that address the voter registration process,
and particularly the operational framework on the Biometric Voter Registration
(BVR) system.
Concerns remain on the delegation and sharing of responsibility of the voter
registration process between ZEC and the Registrar General (RG). The RG should
have no role in any election process.
The delegation of certain electoral legislative roles to a minister is problematic and
unconstitutional. The provisions are tantamount to Executive interference as the
Minister becomes both a referee and player in the elections. The ministerial
functions are in conflict with and undermine ZEC’s independence and effectiveness,
The presence of the Executive in the Observers Accreditation Committee
undermines the independence and integrity of ZEC as the sole authority of election
management body.
1
Policy Brief: A Call For Alignment Of Laws With The Constitution ©ZESN 2017