9. ELECTION PETITIONS
Electoral petitions are part of the electoral justice landscape in Zimbabwe. The Electoral
Court was established in terms of Electoral Act Chapter 2:13, 161 (as amended), and has
exclusive jurisdiction to hear appeals, applications and petitions in terms of this Act; and to
review any decision of ZEC or any other person made or purporting to have been made
under this Act. The Court’s mandate covers a wide range of potential cases, from voter
registration disputes to election petitions by unsuccessful candidates.
The Judicial Service Commission (JSC) in February 2015 announced the appointment of four
High Court judges (Justices Chinembiri Bhunu, Tendai Uchena, Andrew Mutema and Martin
Makonese) as judges of the Electoral Court. The appointments were for the six-month
period from 16February until 15August 2015. ZESN, however, notes that the Electoral Court
Judges have been sitting unconstitutionally because section 183 of the Constitution does
not permit the appointment of Judges to sit on more than one court.
In addition, there is need to regularise the potential conflict of interest that may arise if the
Chairperson of ZEC remains the Secretary of the Judicial Services Commission.
In Zimbabwe there are a number of institutions that play significant roles in facilitating the
effectiveness of our electoral justice system. The institutions include, but are not limited to,
ZEC, The Zimbabwe Human Rights Commission (ZHRC), Electoral Courts and the Zimbabwe
Republic Police (ZRP). During the 19 September, 2015 by-elections these institutions played
a very minimum role with the exception of the police which provided security for the
elections.
10. ELECTION DAY OBSERVATIONS
The Network deployed 62 short term observers for the by-election comprising static
observers based at some of the ward and constituency collation centres as well as teams of
mobile observers in all three constituencies. ZESN’s observers adhere to a strict code of
conduct and carry out their duties in conformity to the Electoral Laws of Zimbabwe and
regional and international principles and guidelines such as the African Union Charter on
Democracy and Governance.
Opening and voting and counting procedures
Everywhere ZESN observed polling stations opened on time with adequate polling personnel
and voting materials. According to reports by our observers, there was an average of six
polling officials at each polling station, three of whom were women. ZESN observers
reported that important voting procedures such as checking of names in the voters’ roll,
marking of fingers with indelible ink and ensuring that voters cast their ballots in secret
were clearly followed. Counting procedures were conducted in accordance with the law and
ZESN observer reports show that this was confirmed by political party agents who signed
the V11 forms at the end of the process. Results of the polls were posted outside all polling
stations where ZESN observed.
15 | P a g e
Select target paragraph3
Add to table of contents