Zimbabwe – Ready for Elections?
7
Councillors.15 Proportional representation has been said to be “women friendly” and
will ensure participation of women in politics.16 However, the unintended consequences
of this has been a reduction in participation of women candidates as contestants for
elective seats in the National Assembly and further marginalisation by pushing them to
contest the 60 reserved seats. This will continue to be problematic, and may lead to a
substantial decrease over the next 10 years in which the quota system will be in place
with respect to elective seats in the National Assembly. Once the quota system is
removed after 10 years, there could therefore be substantially fewer women in
Parliament than was the case in 2008.
2.3 Key reforms and progress
The Zimbabwe Electoral Commission (ZEC) was re-constituted in terms of
Constitutional Amendment No. 19. The Electoral Laws Amendment Act of 2012
incorporated the provisions of the Zimbabwe Electoral Commission Act into the
Electoral Act and elaborated on the functions of the electoral management body. The reconstituted ZEC managed the conduct of a constitutional referendum leading to the
adoption of a new Constitution that was published and came into force on 22 May
2013.This constitution made substantive amendments to the electoral process and
required revision of several other statutes impacting on elections. However, the
Constitutional Court in the Mawarire case compelled the President to announce an
election date before these amendments and alignment of electoral laws to the new
Constitution could be made. A number of applications filed for extension of the election
date to accommodate these critical reforms were dismissed, with reasons not yet having
been provided by the court. Consequently, the only amendments made to the Electoral
Act were imposed by Presidential powers and not subject to review by Parliament.
Alignment of all other related laws was not done.
2.4 Election Management Body
2.4.1
Composition and training
Constitutional Amendment No. 19 and the 2012 amendments to the Electoral Act
effectively changed the appointment process and composition of ZEC. The legislature
took a more proactive role to ensure independence and impartiality, as articulated in
the SADC Principles and the AU Declaration.17 In early 2010, prospective commissioners
were interviewed by the Parliamentary Committee on Standing Rules and
Orders.18However one problematic feature of the appointment process that remained
unchanged was the fact that the President – who is a candidate and interested party in
15 Section 124(1)(b) of the Constitution of Zimbabwe amendment (No 20); Section 45E(2)(f) of the
Electoral Act.
16 See n 10 above.
17 Note 3 above; Part II (c) of OAU Declaration.
18 Section 2 of the Electoral Law, as amended.
Select target paragraph3
Add to table of contents