Zimbabwe Electoral Commission

Updated April 2010

Zimbabwe Electoral Commission

The Zimbabwe Electoral Commission (ZEC) was brought into existence on February 1, 2005, in conformity with the Zimbabwe Electoral Commission Act. On August 30, 2005 a constitutional amendment was passed which, among other things, abolished the Electoral Supervisory Commission and reestablished the ZEC on a constitutional foundation by substituting a new Article 61 for the existing one (Constitution of Zimbabwe Amendment (No 17) Act 2005). A further constitutional amendment (Constitution of Zimbabwe Amendment (No 18) Act 2007) abolished the Delimitation Commission and transfered its functions to the ZEC.

Composition

The ZEC is composed of a Chairperson, Dewputy Chairperson and seven other members. The Chair must be a judge or qualified to hold office as a judge and is appointed by the President after consultation with the Judicial Service Commission. The other members, of whom at least three must be women, are appointed by the President from a list of nine nominees supplied by the Committee on Standing Rules and Orders (Constitution of Zimbabwe 1980, Article 61).

The Zimbabwe Electoral Commission Act provides that a Commissioner may be removed from office for mental or physical incapacity or for conduct that renders the person "unsuitable as a Commissioner". The removal process is initiated by the President, who appoints a tribunal to investigate the matter. The tribunal members must be judges or legal practitioners. If the tribunal recommends that the Commissioner must be removed the President must act on that recommendation (Zimbabwe Electoral Commission Act 2005, 6).

Term of Office

The term of office of a Commissioner is five years, and a Commissioner may be appointed for a maximum of two terms (Zimbabwe Electoral Commission Act 2005, First Schedule, 1).

Functions

The Constitution (1980, 61(4)) tasks the ZEC with the following functions:

  • To prepare for, conduct and supervise elections and referenda and to ensure that they are "conducted efficiently, freely, fairly, transparently and in accordance with the law".
  • To supervise voter registration. According to the Electoral Act (Chapter 2:12, 18) this operation is undertaken by the Registrar General's Office.
  • To compile, preserve and maintain rolls and registers of voters. This too is done by the Registrar General's Office (Electoral Act Chapter 2:13, 18).
  • To secure the equipment and locales necessary for voting operations.
  • To undertake voter education.
  • To accredit observers.
  • To instruct the Registrar-General of Voters and state employees on their functions under law.
  • To delimit constituencies and wards
  • To execute other tasks required of the ZEC by law.

The Zimbabwe Electoral Commission Act (Chapter 2:12, 4) adds the following functions to those established by the constitution:

  • Undertaking and promoting research on electoral matters;
  • developing electoral expertise and technology;
  • promoting co-operation between the Government, political parties and civil society
  • keeping the public informed about registration, delimitations, the location and boundaries of polling stations, voters rolls inspection and on political parties and candidates; and
  • making recommendations to Parliament on public financing for political parties.

Members

The commissioners are (Veritas 2010):

  • Justice Simpson Mtambanengwe (Chairperson)
  • Joyce Laetitia Kazembe (Deputy Chairperson)
  • Theophilus Pharoah Gambe
  • Daniel Chigaru
  • Geoff Feltoe
  • Petty Makoni
  • Sibongile Ndhlovu
  • Bessie Nhandara
  • Mukuni Nyathi

Chief Elections Officer

The Chief Elections Officer is the head of the secretariat and is responsible to the ZEC for the execution of electoral operation (Zimbabwe Electoral Commission Act Chapter 2:12, 11). The current Chief Elections Officer is Lovemore Chipunza Sekeramayi (Zimbabwe Electoral Commission 2007).

Funding

The ZEC is mainly funded from the Consolidated Revenue Fund (Constitution of Zimbabwe 1980, Article 61(6)). Other sources of funds include fees and charges for services, the proceeds of any penalties imposed, deposits forfeited by candidates, donations or grants that have been approved by the Minister and returns on investments (Zimbabwe Electoral Commission Act Chapter 2:12, 9, 9A).

Report

The ZEC is required to submit a report within six months after an election or referendum to the President, the Speaker of the House of Assembly, the Minister and political parties that contested the event (Zimbabwe Electoral Commission Act Chapter 2:12, 12).

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 10 Mar 2010).

CONSTITUTION OF ZIMBABWE AMENDMENT (NO. 17) ACT 2005, [www] http://www.kubatana.net/docs/legisl/constitution_zim_amd17_050825.doc [Word document] (accessed 10 Mar 2010).

CONSTITUTION OF ZIMBABWE AMENDMENT (NO 18) Act, 2007, [www] http://aceproject.org/regions-en/eisa/ZW/Constitution%20of%20Zimbabwe%20Amendment% 20No%2018%20Act%2C%202007.pdf [PDF document, opens new window] (accessed 10 Mar 2010).

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 10 Mar 2010).

VERITAS 2010 "Constitutional Commissions", Bill Watch, 14/2010, 1 April.

ZIMBABWE ELECTORAL COMMISSION ACT (Chapter 2:12), [www] [www] http://aceproject.org/regions-en/eisa/ZW/Zimbabwe%20Electoral% 20Commission%20Act%20Chapter%2021%202.pdf [PDF document, opens new window] (accessed 10 Mar 2010). 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 10 Mar 2010).

Official web site

Zimbabwe Electoral Commission: [www] http://www.zimbabweelectoralcommission.org/ [opens new window] (accessed 21 May 2008).