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Zimbabwe's Elections 2013 - Index of Articles
to requests for more information - elections tomorrow - Bill Watch
July 30, 2013
are Tomorrow, Wednesday 31st July
Requests for More Information
Candidate Mukwazhe Withdraws
of the Zimbabwe Development Party has withdrawn from the Presidential
election. This leaves four Presidential candidates: Dr Dabengwa
of ZAPU, Mr Mugabe of ZANU-PF, Professor Ncube of MDC and Mr Tsvangirai
told journalists on 27th July that he had withdrawn because the
electoral playing field was skewed in favour of ZANU-PF and MDC-T.
He said he and his supporters would now support President Mugabe
in the Presidential election. The Zimbabwe Development Party’s
application for an allocation of over $1 million of public funding
was dismissed by the Constitutional Court on 28th June; the Political
Parties (Finance) Act limits public funding of political parties
to parties gaining at least $5 of the vote in the previous general
of Presidential Run-off Election [If one is Needed]
Should no candidate
get an absolute majority of the vote in the Presidential election
[i.e., 50% plus one vote], there will have to be run-off election
between the two candidates with the most votes. The run-off election,
if one becomes necessary, will be on the 11th September, the precise
date specified in the election proclamation in accordance with the
List of Polling Stations Published
Electoral Commission [ZEC] published supplements in most newspapers
on Sunday 28th July containing its final lists of the polling stations
that will be serving voters on polling day. There are 9 735 polling
stations altogether, 65 more than the 9 670 in the provisional lists
published on 10th July.
ZEC had previously
said, when it published its provisional lists in the daily newspapers
on 10th July, that if there were representations made to it that
more polling stations were needed, it was prepared to make additions
to the provisional lists to meet requirements and would publish
final lists on polling day. Parties, civil society and observer
organisations requested that the final list be published earlier
than this in order to deploy their agents. ZEC’s response
to a reasonable demand is commendable and will help voters, political
parties and observers to finalise arrangements for polling day.
ZEC is legally
obliged by the Electoral Act to publish the lists at least once
more, on polling day itself. [Section 51(3) of the Electoral Act
requires publication of lists of polling stations in the press at
least three weeks before polling day – which explains the
notices on 10th July – and again on polling day. There is
no legal requirement for the lists to be published in the Government
31st July a Public Holiday
31st July, will be a public holiday with all the consequences that
normally entails. The Electoral Act, section 38(2) provides that
“polling day shall be deemed to be a public holiday for the
purposes of the Public Holidays and Prohibition of Business Act”.
And for good measure the President has by SI 107A/2013 formally
declared 31st July to be a public holiday, in terms of his power
to do so under the Public Holidays and Prohibition of Business Act.
Entitled to Time Off to Vote
employers must allow employees who do work on polling day to have
the whole morning or afternoon off “to afford them an opportunity
to vote in the election”, without loss of pay The Electoral
Act, section 92(2), states that: “An employee shall not be
required to suffer any deduction from his wages or salary by reason
of any leave of absence” granted to allow him or her to vote.
for Senator Chiefs
and Deputy President of the Council of Chiefs
Under the new
Constitution the President and Deputy President of the National
Council of Chiefs are ex officio members of the Senate [the former
Constitution made the same provision]. At a Council of Chiefs meeting
in Harare on 19th July Chief Fortune Charumbira and Chief Mtshane
Khumalo were re-elected President and Deputy President, respectively,
of the Council of Chiefs, in terms of Part X of the Electoral Act.
As required by the Act a ZEC official presided over the election
proceedings. Both Chief Charumbira and Chief Mtshane were declared
of other 16 Senator Chiefs to be on 2nd August
Senator Chiefs must be elected, two for each of the non-metropolitan
provinces. The provincial assemblies of chiefs will meet in provincial
centres to constitute electoral colleges for this purpose on Friday
2nd August, the date fixed in the election proclamation [SI 86/2013].
ZEC officers appointed for the purpose will preside over proceedings
in the eight electoral colleges.
for Election of Two Senators Representing Disabled Persons
The new Senate
will include two Senators to represent disabled persons. They must
be elected in accordance with the Seventh Schedule to the Electoral
Act. This Schedule was introduced into the Act by President Mugabe’s
Presidential Powers regulations [SI 85/2013] on 12th June.
provides for the formation by ZEC and the National Disability Board
of an “Electoral College for the Election of Persons with
a Disability”, from disabled persons nominated by disabled
persons associations and institutions caring for disabled persons,
as specified by the Minister of Justice and Legal Affairs, in consultation
with the Minister of Labour and Social Welfare. The names of 18
associations and 18 institutions were specified in SI 107/2013 on
19th July, with five further associations added by SI 107B/2013
and SI 111/2013 a few days later.
association or institution had to nominate four disabled persons,
two women and two men, for membership of the Electoral College.
The Disability Board then had to draw up a provisional list of Electoral
College members, subject to the final approval of ZEC, and ZEC and
the Disability Board had to meet on the 29th July to agree on the
time, venue and programme for, the quorum for, and the procedure
and method of voting at, the meeting of the Electoral College.
has been dissatisfaction expressed in letters to the newspaper about
this process saying some organisations had been left out and also
that the process of both selecting the organisations and how the
voting will take place has not been made clear and transparent.
Announcement of Election Results
announcement of results has to be made by ZEC, although as pointed
out in Bill Watch 34/2013
there is nothing in election law to prohibit the compilation of
results by party, organisations and individuals as long as they
do not claim the results to be the official ones.
announcement of the Presidential election result has to be made
by the ZEC chairperson, or in her absence the deputy chairperson
or one of the other commissioners. The announcement must be made
not later than 5th August, five days after polling, if there is
an outright winner The person elected President must be sworn in
within 48 hours. If there has to be a run off – see above
for date - the procedure for the announcement of results –
within 5 days – and the swearing in – within 48 hours
is the same.
Assembly Constituency elections
of National Assembly constituency elections are legally effective
immediately they are announced by the ZEC constituency elections
officer at constituency level.
- 60 party-list
Senators, six from each of the ten provinces
- 60 party-list
women members of the National Assembly, six from each of the ten
- 80 party-list
provincial councillors, ten for each of the eight non-metropolitan
of party-list representatives is determined according to the provincial
totals of votes for the parties who submitted party lists on nomination
day. The determination is made by the provincial elections officer
at provincial level. The results are legally effective immediately
they are announced by the ZEC provincial elections officers.
results for the sixteen Senate seats for Senator Chiefs will be
legally effective when announced by the ZEC presiding officers at
the conclusion of each of the electoral college proceedings in the
eight non-metropolitan provinces on 2nd August.
representing disabled persons
will be legally effective when announced by the presiding officer
at the conclusion of the Electoral College proceedings. [These proceedings
have to be still to be made public]
Documents Available on Website: veritaszim.net
- GN 361/2013***
- GN 362/2013***
[National Assembly Constituency Candidates]
- GN 363/2013***
[Addresses of Constituency Elections Officers]
- GN 364/2013***
[Party Lists for National Assembly, Senate and Provincial Councils]
available on the Veritas website veritaszim.net but are not available
- SI 85/2013*
[regulations amending the Electoral Act]
Electoral Act* [including amendments by SI 85/2013]
- SI 86/2013*
and SI 96/2013 [Election proclamation and correction]
- SI 88/2013*
[Electoral Electoral (Nomination of Candidates) Regulations
- SI 89/2013*
[Electoral (Accreditation of Observers) Regulations
- SI 107,
107B and 111/2013* – prescribed associations and institutions
for purposes of constituting electoral college for election of
Senators representing persons with disabilities.
- SI 107A/2013*
– 31st July a public holiday
- GN 376/2013*
– ZEC and National Disability Board meeting, 29th July.
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