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This article participates on the following special index pages:

  • 2008 harmonised elections - Index of articles


  • ZLHR statement on provisions of the Electoral Act
    Zimbabwe Lawyers for Human Rights (ZLHR)
    March 25, 2008

    Zimbabwe Lawyers for Human Rights recalls its concern as to the effect of an inconsistency between the provisions of the Electoral Act (Chapter 2:13) and its schedule that rendered somewhat unclear the legal position in the event of neither of the candidates getting a majority of the votes cast. This inconsistency lies between section 110(3) of the Electoral Act and section 3(1) of the Second Schedule to the Electoral Act.

    Section 110(3) of the Electoral Act says;

    Where two or more candidates for President are nominated, and after a poll taken in terms of subsection (2) no candidate receives a majority of the total number of valid votes cast, a second election shall be held within twenty-one days after the previous election in accordance with this Act.

    Whereas section 3(1) of the schedule to the Electoral Act says;

    Subject to subparagraph (2), after the number of votes received by each candidate as shown in each constituency return has been added together in terms of subparagraph (3) of paragraph 2, the Chief Elections Officer shall forthwith declare the candidate who has received—

    • where there are two candidates, the greater number of votes;
    • where there are more than two candidates, the greatest number of votes;
      to be duly elected as President of the Republic of Zimbabwe with effect from the day of such declaration.

    Zimbabwe Lawyers for Human Rights wishes to state that the Zimbabwe Electoral Commission has made clear its understanding of the differences herein. In a letter addressed to Zimbabwe Lawyers for Human Rights, dated 13 March 2008, the Zimbabwe Electoral Commission has stated categorically that;

    Section 110(3) supercedes section 3(1) of the second schedule to the Electoral Act for the reason that the latter is a schedule made in terms of the former.

    ZLHR is pleased to state that ZEC has clarified its position concerning the provisions in the Electoral Act, namely that that should none of the Presidential candidates receive a majority of the total number of valid votes cast, a second election shall be held within twenty-one days after the previous election in accordance with the Electoral Act.

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