Zimbabwe: Electoral system

Updated January 2008

Legal basis	Constitution of Zimbabwe, 1980. Amended 1981, 1983, 1985, 1987, 1989, 1990, 1992, 1995, 1996, 2000, 2005, 2007 Electoral Act (Chapter 2:13) Zimbabwe Electoral Commission Act (Chapter 2:12) Referendums Act (Chapter 2:10) Political Parties (Finance) Act (Chapter 2:11)
Electoral system	House of Assembly: 210 single member plurality constituencies[1] Senate: 60 single member single member plurality seats (6 in each province), 16 elected by chiefs 2 each from the 8 non-metropolitan provinces[2] Presidential: Elected by universal adult franchise, absolute majority required[3]
Election period	Concurrent Presidential, House of Assembly and Senate elections every 5 years[4]
Electoral institution	Zimbabwe Electoral Commission (ZEC)[5]
Functions of electoral institution	ZEC demarks boundaries of the constituencies, prepares for and conducts elections and referendums; ensures that they are conducted efficiently, freely, fairly, transparently and in accordance with the law; directs and controls voter registration; compiles voters rolls; conducts voter education[6]
Independence of electoral institutions	The Chairperson of the ZEC is appointed by the President in consultation with the Judicial Services Commission and the six other commissioners, at least three of whom must be women, are appointed by the President from a list of nine nominees submitted by the Committee on Standing Rules and Orders[7]
Demarcation	The ZEC is tasked with delimiting parliamentary constituencies (210 House of Assembly, 60 Senate) and local government wards every five years and should, as far as is practicable, take public representations when doing so[8]. House of Assembly constituencies should each have an equal number of voters, with due regard to physical features, communication, geographical distribution of registered voters, community of interest and existing electoral boundaries[9]
Voter registration	Voter registration is voluntary and continuous; registration closes 24 hours before nomination day[10]. Registration is with constituency registrar who is subject to the supervision of ZEC[11]. Applicants must present national identity card and proof of residence and are issued with registration certificates[12]. Voters rolls are open to public inspection at constituency registrar during office hours and copies must be supplied to the public on payment of a prescribed fee[13]
Voter education	ZEC is tasked by law with conducting voter education that is adequate, accurate and unbiased[14] The ZEC must ensure that voter education undertaken by others (excluding political parties) is adequate, not misleading or biased; they must be Zimbabean citizens or registered NGOs, they must adhere to programmes and instructions of the ZEC and charge no fees; all material, trainer details and funding must be disclosed to the ZEC; all foreign funding must be channelled through and distributed by the ZEC[15]
Nomination of candidates	Parliamentary Elections: candidates are nominated by means of a nomination paper signed by 10 registered voters, contact details and accompanied by a photograph; if endorsed by a party the paper must be signed by an office bearer; a prescribed fee is required as well as proof of registration as a voter in that constituency[16] Presidential Elections: Nominated by means of a nomination paper signed by 10 registered voters from each province, contact details and accompanied by a photograph; if endorsed by a party the paper must be signed by an office bearer; a prescibed fee is required[17]
Funding of political parties	Public funding for political parties with a minimum of 5% of votes cast in the last election in proportion to the number of votes they recieved[18] Foreign funding and donations are prohibited by the Political Parties (Finance) Act[19]
Election campaign	Political activity of parties and candidates subject to code of conduct laid down in law, but with no penalties attached to violations[20] No time periods are laid down for campaigning, but campaigning activities are prohibited within 300 metres of polling stations on polling day[21]
Communication	Electoral Act provides that every party has the right to reasonable access to the media and public broadcasters must give all political parties and independent candidates free access to their services as prescribed in regulations made by the ZEC with the approval of the Minister; the regulations must specify total time to be allocated to each and the areas and time periods when broadcasts may be made; the allocations must be fair and provide all with a reasonable opportunity to present their views. If media agencies accept political advertisements they must afford all actors the same terms. The media is governed by a code and the ZEC must monitor the media and ensure compliance with it[22]
Counting	After the close of the poll counting takes place at polling stations by presiding officer in presence of polling officers, monitors and observers and the candidates and their election agents as are present; the results are shown to all present and displayed outside the polling station[23].
Announcement of results	Presiding officer announces the result, transmits it to constituency elections officer and posts a copy of the results outside the polling station[24]. In the presence of monitors and observers and the candidates and their election agents the constituency elections officer verifies the returns and adds up the votes and declares the result; the outcome is transmitted to Chief Elections Officer, who publishes it in the Gazette[25].
Conflict resolution	Multiparty liaison committees are set up by ZEC at national, provincial and constituency level to attempt to resolve electoral disputes; election petitions are heard by Electoral Court[26].
Election monitoring	Individuals accredited by ZEC may monitor elections subject to code of conduct[27]. Individuals representing foreign countries, international, regional and local organisations and bodies similar to ZEC that are invited by Government Ministers may observe elections and are accredited by an accreditation committee of the ZEC which issues them with code of conduct[28].

Table notes

[1]Constitution 1980, 38.
[2] Constitution 1980, 34(1)(a),(c).
[3] Constitution 1980, Article 28(2), Electoral Act, 110(3).
[4] Constitution 1980, Article 29.
[5] Constitution, 61, 61A.
[6] Ibid, 61(4); Zimbabwe Electoral Commission Act, 4.
[7] Constitution 1980, 61(1).
[8] Constitution 1980, 61A(1),(3); Electoral Act, 37A.
[9] Constitution 1980, 61A(4),(6).
[10] Electoral Act, 17A; 26A.
[11] Constitution 1980, 61(4)(c),(d),(h); Electoral Act, 24.
[12] Electoral Act, 24-26.
[13] Electoral Act, (1),(2),(4).
[14] Constitution 1980, 61(4)(f), Zimbabwe Electoral Commission Act, 14(a)
[15] Zimbabwe Electoral Commission Act, 15(1),(2), 16.
[16] Electoral Act, 46(1), 47(1).
[17] Electoral Act, 104(1).
[18] Political Parties (Finance) Act, 3(1).
[19] Political Parties (Finance) Act, 6(1).
[20] Electoral Act,Fourth Schedule; however, many of its prohibitions are violations of law and are prosecutable and punishable (Eg section 152, cf schedule 4(6)(e)).
[21] Electoral Act, 89(2)(c), 147.
[22] Electoral Act, 3(c)(4); Zimbabwe Electoral Commission Act, 16C(1), 16D, 16E, 16G.
[23] Electoral Act, 62-64
[24] Electoral Act, 64-65
[25] Electoral Act, 65-67
[26] Electoral Act, 160A-160D, 161-165.
[27] Electoral Act, 6(5)(c)
[28] Electoral Act, 6. The accreditation committee consists of the chairperson and vice-chairperson of the ZEC, a Commissioner designated by the Commission, a nominee of the Office of the President and Cabinet a nominee of the Minister and a nomineee of the Minster of foreign affairs (Electoral Act Chapter 2:13, 6(2)).

References

CONSTITUTION OF ZIMBABWE 1980, incorporates all amendments until October 2007, [www] http://aceproject.org/ero-en/regions/africa/ZW/zimbabwe-constitution-of- zimbabwe-2008-1 [PDF document, opens new window] (accessed 30 May 2008).

EISA 2005, Zimbabwe Election Update No 1 [PDF document].

ELECTORAL ACT (CHAPTER 2:13), incorporates all amendments until 17 March 2008, [www] http://aceproject.org/ero-en/regions/africa/ZW/zimbawe-electoral-act-2008 [PDF document, opens new window] (accessed 30 May 2008).

POLITICAL PARTIES (FINANCE) ACT (CHAPTER 2:11), [www] http://aceproject.org/ regions-en/eisa/ZW/Political%20Parties%20%28Finance%29%20Act%20Chapter%202% 2011.pdf [PDF document, opens new window] (accessed 30 May 2008).

REFERENDUMS ACT (CHAPTER 2:10), [www] http://aceproject.org/regions-en/eisa/ZW/Referendums%20Act%20 Chapter%202%2010.pdf [PDF document, opens new window] (accessed 30 May 2008)

ZIMBABWE ELECTORAL COMMISSION ACT (CHAPTER 2:12), [www] http://aceproject.org/regions-en/eisa/ZW/Zimbabwe%20Electoral% 20Commission%20Act%20Chapter%2021%202.pdf [PDF document, opens new window] (accessed 30 May 2008). This does not include the amendments made by the Electoral Laws Amendment Act 2007, [www] http://kubatana.net/docs/legisl/electoral_laws_amendment_act_2007_080111.pdf [PDF document, opens new window] (accessed 30 May 2008).