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The first-past-the-post winner-takes all electoral system can produce grossly
distorted and inequitable results which can lead to the alienation of significant
portions of the population. The Lesotho crisis of 1996/7 is a poignant and painful
example of this. The party that won 79 of the 80 Parliamentary seats garnered
60% of the votes while 40% of the voters had no representation (one of the
candidates died before the election). Most SADC countries have wisely adopted
proportionate representation or a mixed system.
•
Electoral Process and Institutions
The electoral process provides an opportunity for the choice, installation and
change of governments and the transfer of power in peaceful circumstances. In
other words electoral systems are the vehicle that gives expression to the will of
the people.
One of the most important electoral bodies is the Election Commission. It is vital
that the Election Commission inspires confidence and protects the integrity of the
process in the delivery of elections which can be regarded and seen to be free and
fair. The body must be impartial and not seen as amenable to political or other
pressure. Such a body must be the main custodian of the electoral process-the
election campaign, access to media and media coverage. Because of its
fundamental role the composition, mandate and status of the commission should
be provided for in the Constitution and thus put it beyond the power of any
majoritarian parliamentary alteration.
4.3.3
4.3.4
•
The Judiciary
The doctrine of the separation of powers and checks and balances are very
fundamental when it comes to the role of the judiciary. The appointment of the
judiciary must inspire confidence and safeguard it from being beholden to the
executive or other influence. Secondly the exercise of its powers in pronouncing
on legislation vis-à-vis the constitution and the role it plays in upholding the rule
of law and defending individual democratic rights needs constitutional and
structural protection.
Bill of Rights
The constitution of Zimbabwe sets out the fundamental rights and freedoms of the
individual in the Declaration of Rights, Chapter III. But the constitution is riddled
with exceptions which seriously impair the efficacy of the Bill Of Rights. The
exception clauses have been used to justify the constitutionality of the enactment
of such repressive legislation as the Public Order and Security Act (POSA), and
The Access to Information and Protection of Privacy Act (AIPPA). It is clear that
the exception clauses in the constitution provide loopholes that can be used to
curtail the full and unfettered enjoyment of the Bill of Rights.
Select target paragraph3
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