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CHAPTER TWO
LEGAL, INSTITUTIONAL, AND ELECTORAL FRAMEWORKS
Introduction
The effectiveness and fairness of elections in any country largely hinges on how well the legal
framework is constituted. The legal framework must provide for a climate in which voters can
freely participate in the electoral process. An election is the only opportunity in one’s life when
national citizens can exercise their democratic right to define their social, economic and political
destiny through the ballot box.
To this end, the legal framework must empower relevant bodies to conduct rigorous
observation and monitoring of all stages of the electoral process. It must also provide for an
impartial and professional enforcement of the laws by law enforcement agencies. In short, a
well constituted legal framework is critical in building voter confidence in the electoral process.
However, legislation alone is not enough as voters need to see how any newly crafted laws are
enforced before, during, and after elections. The political parties contesting the elections also
need to test the efficacy of the new laws and satisfy themselves that they are being properly
implemented.
Legal Framework
The term legal framework refers to the constitutional and legislative provisions governing the
conduct of elections in the country at a given period. The term therefore covers the Constitution
of Zimbabwe, the Electoral Act [Chapter 2:11], the Zimbabwe Electoral Commission Act
[Chapter 2:12] as amended by the Electoral Laws Amendment Act of 2008 and other relevant
regulations. These legal frameworks provide parameters for the conduct of elections, the
delimitation of constituency boundaries and the operation of the Zimbabwe Electoral
Commission.
The Electoral Act, among other things, provides for a Registrar-General of Voters and
constituency registrars, the registration of voters, the preparation, compilation and maintenance
of voters rolls, the qualifications of voters, the nomination and election of candidates to
Parliament, the office of President and local authorities. The Electoral Act also establishes the
Electoral Court and provides for its functions, which include the hearing and determination of
election petitions. The Zimbabwe Electoral Commission Act establishes the Zimbabwe
Electoral Commission and provides for its functions in detail. The ZEC therefore has a statutory
existence.
Institutional Framework
The adoption of Constitution of Zimbabwe No 18 of 2008 had provisions for the amendment of
the electoral elect, changes that saw most functions traditionally undertaken by the Delimitation
Commission, Electoral Supervisory Commission and the Registrar-General placed under the
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