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