as possible after he or she has declared the result of an election to the office of President should
refer to the declaration as having been made not in terms of paragraph (i) as it presently states
but in terms of paragraph (f) (and paragraph (g) (iii) for the run-off). Paragraph (j) which
requires the Chief Elections Officer to cause the result to be widely published (in the Gazette and
through other means) stating that the person is “duly elected as President of the Republic
of Zimbabwe …” only serves to reiterate what is already stated in paragraph (f) (and
paragraph (g) (iii) for the run-off).
•
Following this reasoning it is clear that a person becomes duly elected President upon such
declaration under paragraph (f) (and paragraph (g) (iii) for the run-off). Indeed, this is
confirmed by Section 110(5), which states that a person elected as President shall in accordance
with section 28(5) of the Constitution assume office on the day when he or she is declared as
such by the Chief Elections Officer “or within forty-eight (48) hours thereafter”.
•
This implication of this is that the formal swearing-in ceremony must be held within the 48 hour
period after the declaration of the result, which means there is a very short period for handover
where there is a change of person occupying the Presidency. It also means that should a person
wish to challenge the result of the election so that for example a re-count must be held, this has
to be done without delay. A challenge to the result will therefore necessarily suspend the
declaration that the Chief Elections Officer would have made pursuant to paragraph (f) (and
paragraph (g) (iii) for the run-off).
Potential Lacuna between Presidential Election and Presidential Run-Off Election
•
One thing that is not adequately provided for under the current system is what happens where
there is need for a Presidential run-off election, when the person who is the current president is
not one of the two candidates for the run-off because he would have come third or lower in the
first poll.
•
Under the Constitution, the incumbent President retains office until he is replaced by a winning
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