Factsheet: Now what, after Proclamation of Zimbabwe election date?

President Emmerson Mnangagwa issued a Statutory Instrument 85 of 2023 on May 31 which contained Proclamation 4 of 2023 setting August 23 as the polling day for Zimbabwe’s general elections, with a runoff pegged for October 2 if necessary. The instrument also proclaimed June 23 as the nomination date for all candidates.

What happens next?

  • Closing of voters’ rolls

According to the Electoral Act, Chapter 26 (a) registration and transfer of voters will close 2 days after the proclamation. As a result only those in the national voter’s roll by June 2 will be allowed to vote in the general election.  Anyone who registers after that date will not be able to vote in the August 2023 elections.  

  • Designation of party office-bearers

Political parties contesting the elections have between June 4 and June 19 to submit names of their designated national and provincial office-bearers to the Zimbabwe Electoral Commission (ZEC) in terms of Section 38A of the Electoral Act.

  • Accreditation of election observers

Applications for accreditation of election observers must be made before August 19, in terms of Section 40I of the Electoral Act.

What about the Electoral Amendment Bill and other Bills still before Parliament?

According to Section 157 (4) of the Constitution, no amendments may be made to the Electoral Law, or to any subsidiary legislation made under that law, unless the Zimbabwe Electoral Commission has been consulted and any recommendations made by the Commission have been duly considered.

Does it mean if ZEC recommends for the Amendment Bill to be made law will it apply to this election?

Section 157 (5) of the constitution further states that, after an election has been called, no change to the Electoral Law or to any other law relating to elections has effect for the purpose of that election.

What happens to the proportional representation reforms stated in Constitutional Amendment No.2?

Since the Constitution is the supreme law of the land which supersedes all laws, the proportional representation system instituted in 2021 for women and youth as stated in  Section 124 and women in local authorities (section 227) will apply in this election.

Sources

Extraordinary Government Gazette, May 31 2023
Electoral Act
National Constitution of Zimbabwe
Veritas
Zimbabwe Lawyers for Human Rights

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