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A critical review and analysis of Zimbabwe's Electoral Amendment
Bill, 2011
Zimbabwe
Election Support Network
July 21, 2011
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Executive
Summary
The primary
object of this paper is to review and critique the Electoral
Amendment Bill, 2011 (hereafter, "the Bill") which
seeks to amend the Electoral
Law (Chapter 2:13) (hereafter, "the Law"). The ultimate
aim of these amendments is to create a level playing field for political
contestants and to ensure the realisation of free and fair elections
in Zimbabwe.
The reforms
come against the background of seriously compromised and controversial
elections held in 2008. These elections, and previous contests before
them, produced contentious results. The political impasse that emerged
from the controversy surrounding the 2008
elections had to be cleared by SADC- mediated negotiations,
which eventually led to the formation of a government of national
unity under the terms of the Global
Political Agreement (hereafter "the GPA"). The GPA
mandates the relevant parties to carry out and implement electoral
reforms. It is therefore, envisaged that any new elections will
be held under a new, reformed electoral regulatory framework, of
which the reforms reviewed in this paper form a critical part.
The key questions
focus on the nature, effect and legal significance of the reforms
presented by the Bill. It is important to critically assess the
strengths and weaknesses of the amendments and, where necessary,
to suggest improvements. The following are the major issues covered
by the Bill:
List
of Major Amendments
- Voter Registration
and the Voters Roll
- Polling Station
Based Voters Roll
- Presidential
Elections and Results
- Pre-Emption
of Results
- Vote Recounts
- Voter Education
- Election
Observation and Accreditation
- Nomination
of Candidates
- Voting Processes
and Procedures
- Voting By
Illiterate or Physically Handicapped Voters
- Postal and
Special Voting
- Politically
Motivated Violence and Intimidation
- Media Coverage
of Elections
- Electoral
Court
- Delimitation
of Constituencies
- Independence
of the Commission
More detail
on these issues is covered in this paper. However, the following
summary highlights the major reforms, with brief comments on their
legal significance.
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