The GPA, except in article 20 (the framework for a new government) incorporated into the
constitution through amendment 19, has no legal status under the law of Zimbabwe, and
as a result, ZANU-PF has repeatedly undermined the GPA and put off the implementation of
essential reforms. Such reforms include amendments to repressive laws such as the
Access to Information and Protection of Privacy Act (AIPPA), 2002; the Public Order and
Security Act (POSA), 2007; the Criminal Law (Codification and Reform) Act, 2004; and the
Presidential Powers (Temporary Measures) Act, 2007, which empowers the president to
enact legislation even during elections.
This report assesses the legislative and electoral reforms undertaken by the unity
government and analyzes the quality of those reforms and their capacity to create an
environment conducive to credible, free and fair elections. Human Rights Watch has found
that the contending parties have focused on only one aspect of reforms—securing
agreement on the necessary legal and administrative requirements for free and fair
elections. However, little attention has been paid to the implementation of the agreed
reforms and to securing agreement and ensuring reforms on areas where agreement has
not been reached. The unity government has neglected the enforcement of various
agreements that would facilitate a rights-respecting environment and the holding of
credible, free, and fair elections.
Mugabe, according to papers filed with the High Court on September 27, 2012, wants
national elections to be held in March 2013, without prior consultations with the prime
minister as stipulated in the GPA. Nevertheless, because of the power Mugabe wields, it is
a strong indicator that elections may indeed take place in March 2013.
The timing of national elections is governed by Zimbabwe’s constitution, which provides
that parliament, unless dissolved earlier, shall last for five years, counting from the day the
person elected as president enters into office.2 Mugabe was sworn in on June 29, 2008,
and the presidential and parliamentary term of office ends on June 29, 2013, with fresh
elections required to be held no more than four months after that date.3 If elections are not
2 Constitution of Zimbabwe, 1979, art. 63(4).
3 Ibid., as amended by the Amendment Act, No. 19, 2009, art. 58.
RACE AGAINST TIME
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