articulated in various local, regional and international human rights instruments, advances
this fundamental right.1
These instruments have a number of provisions on the right of citizens to participate in the
government of their country as well as other ancillary rights for the realisation of this
fundamental right. Further, there are regional and sub-regional norms and standards that
have been developed to elaborate on those provisions as they relate to elections. The
African Union Declaration on the Principles Governing Democratic Elections (the “AU
Declaration”) and the SADC and Guidelines Governing Democratic Elections (the “SADC
Principles”) are key examples closer to home. These guidelines and standards seek to ensure
that citizens in Africa, and the SADC sub-region in particular, enjoy and realise their right to
participate in electing their government and how they are governed.
4.2 The Constitution
The Constitution of Zimbabwe Amendment No. 20 made substantive amendments to the
electoral process and provides for the electoral system and other ancillary issues that
include guarantees of independence of ZEC and its mandate, delimitation of electoral
boundaries, and the determination of election disputes relating to the presidential
election. It is important to note that the 2013 Constitution also espouses key principles of the
electoral system as peaceful, free and fair, based on adult universal suffrage, equality of
votes, free from violence and other malpractices, and secrecy of the ballot. 2 The
Constitution also ushered in changes in the conduct of voter registration and the
management of the voters’ roll. The mandate of managing voter registration and the voters’
roll was shifted from the Registrar General to ZEC. Section 239 also mandates ZEC to register
voters, compile the voters’ roll and registers, and to ensure the proper custody and
maintenance of voters’ roll and registers. Schedule Four to the Constitution further
stipulates the requirements for registration and the reasons for disqualification of a
potential voter.
4.3 Electoral Act
The Zimbabwean Constitution and the Electoral Act govern electoral processes in
Zimbabwe. As the Constitution is the supreme law of the land, and any law that is
1
2
Article 13 of the African Charter on Human and Peoples’ Rights (ACHPR); Resolution adopted by the African
Commission on Human and Peoples’ Rights during its 19th Session in C Heyns (ed) “Introduction to the African
Commission’ Human Rights Law in Africa (2004) p 407; Part IV (2) of the OAU Declaration on the Principles Governing
Democratic Elections (OAU Declaration); Article 21 of the ACHPR; Article 25 of the International Covenant on Civil and
Political Rights (ICCPR); Article of 7 of the Convention on the Elimination of all Forms of Discrimination against Women
(CEDAW).
155
Section (1)(a-d) of the Constitution of Zimbabwe amendment (No 20).
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