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  • Zimbabwe's Elections 2013 - Index of Articles

  • President uses executive powers to amend electoral law
    Zimbabwe Lawyers for Human Rights (ZLHR)
    June 13
    , 2013

    On 13 June 2013 Statutory Instrument 85 of 2013 was gazetted in terms of an Extraordinary Government Gazette of the same date. The President of Zimbabwe has used his presidential powers in terms of the Presidential Powers (Temporary Measures) Act [Chapter 10:20] to gazette regulations that essentially extensively amend the Electoral Act [Chapter 2:13].

    The President has justified his bypassing of Parliament on the basis that the deadline imposed by the Constitutional Court in the case of Mawarire v Robert Mugabe and Others (Judgment No. CCZ1/13) has made it “inexpedient to await the passage through Parliament of an [Electoral] Act dealing with the situation”.

    In terms of Section 4(1) of the Presidential Powers (Temporary Measures) Act, the President must now place these regulations before Parliament no later than the eighth day on which Parliament sits next after the publication of said regulations. It is at this stage that Parliament is, by law, required to consider the amendment or repeal of the regulations.

    Lawyers have it on good authority that Statutory Instrument 86 of 2013 will proclaim an election of 31 July 2013 and nomination day as 28 June 2013. Once the proclamation has been made, no further amendments can be made to the Electoral Law.

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