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Electoral system and processes
Chairperson once the process disintegrated also did not bode well for how any further
challenges to the main poll will be handled.
Once it had regained its composure, ZEC notified the public of receipt of special vote
packages,136 opening of special ballots,137 commencement of the verification process,138
and the sealing of special ballot boxes.139
In relation to the disenfranchisement caused by ZEC’s lack of preparedness and
inefficiency, ZEC announced that it was going to make sure that those who did not vote
on 14 and 15 July would be enabled to vote on 31 July 2013.140 Through a fast-track
court application filed in the Constitutional Court, it was ruled on 26 July that all those
who had not voted by Special Vote would be allowed to vote on 31 July.141 No reasons
were provided for this decision by the Constitutional Court, in which it effectively
ignored hard and fast provisions of the Constitution and the Electoral Act disallowing
affected individuals from voting on 31 July. It also did nothing to allay fears by providing
reasons why, suddenly, these disenfranchised voters who were going to be deployed
outside their wards on Election Day will be available and will cast their votes on 31 July.
ZEC has further still not provided a list of those who did vote on 14 and 15 July for
scrutiny and neither has it satisfied those who have queried how the names will be
removed from the main voters’ roll to ensure that no double voting occurs. All in all, this
process has raised serious concerns and unanswered queries, and the silence in
providing critical information and answers lend credence to allegations that the Special
Vote was part of the manipulation of the voters’ roll and the numbers in favour of one
political party.
2.15 Elections to Council of Chiefs
On 19 July 2013, ZEC conducted the first election of the Chiefs’ Council as in accordance
with the requirements of the new Constitution.142 Previously ZEC was not involved in
these elections. Observers were invited to scrutinise the process.
2.16 Postal voting and the Diaspora vote
In terms of the current electoral law, postal votes may currently only be cast by state
officials and their spouses who will be absent from their constituencies on Election Day
136 See ZEC Election Notice insert Daily News (17 July 2013) p 15.
137 L Gumbo “ZEC opens special ballots” The Herald (20 July 2013) p 1.
138“Special vote verification process begins” The Standard(21 July 2013) p 3.
139 See ZEC election notice Newsday (24 July 2013) p C1.
140 ZMurwira “ZEC gives relief to special votes” The Herald (17 July 2013) p 3; L Gumbo “ZEC grants special
voters reprieve” The Herald (23 July 2013) p 1.
141 Constitutional Court unreported case 64/14.
142 Section 239(a)(iii) of the Constitution of Zimbabwe amendment (No 20); M Chideme “Chief
Charumbira, Khumalo elected” The Herald (22 July 2013) available at
<http://www.herald.co.zw/index.php?option=com_content&view=article&id=88097:chiefscharumbira-khumalo-elected-&catid=38:local-news&Itemid=131> last accessed on 24 July 2013.
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