3. LEGAL FRAMEWORK 3.1. Legal framework for the by-election The Legal Framework regarding the conduct of by-elections is derived from the Constitution of Zimbabwe and the Electoral Act {Chapter 2:13} as amended. The by-elections for Marondera and Mbire Constituencies came into effect by operation of Section 129 (k) of the Constitution which states that the seat for a National Assembly Constituency becomes vacant if the member elected to that seat ceases to represent the party under whose ticket they were elected. Both Members of Parliament elected to fill the seats in the 2013 general elections were dismissed from the ruling ZANU-PF party thus necessitating the by election. The by-election for Epworth was called for and held because of slightly different reasons from the two Constituencies mentioned above. The vacancy in the Epworth seat was occasioned by the death of the incumbent Member of Parliament, Ambassador Amos Midzi. Section 39 (1) of the Electoral Act states that a vacancy in the membership of the House of Assembly which exists other than by dissolution of Parliament, shall be notified to the President and the ZEC in writing by the Speaker of the House of Assembly, as soon as possible after the Speaker becomes aware of it. In accordance with section 39(2) of the Electoral Act, the President proclaimed the nomination and polling dates for the three by-elections. The timing for by-elections is controlled by section 158 (3) of the Constitution which states that polling for by-elections must take place within 90 days after the vacancy occurred. All three by-elections were therefore held within a timeframe set by the Constitution. 4. Nomination Processes Provisions of the Electoral Act were followed during the nomination processes for the byelections. In terms of Section 46 (17) (c) of the Electoral Act, which states that if at the close of nomination court, more than one person has been duly nominated for an election for a constituency, a poll shall take place in accordance with this Part and Part XIII 1 of the Electoral Act. Accordingly, the Nomination Courts for the Marondera Central and Mbire byelections were held on 20 July, 2015 at the Marondera Magistrates’ Court and the Bindura Magistrates’ Courts respectively. The Nomination Court for Epworth Constituency sat on the 12 August, 2015 at the Harare Magistrates’ Court, Rotten Row. At the close of the nomination courts, the following had successfully filed their nomination papers for the three by-elections: 1 Part XIII refers to preparation for and voting at poll 9|P a g e