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Trust Maanda
Post Correspondent
IN terms of Section 38 of the Electoral Act (Chapter 2:13), it is the President who proclaims the dates of elections.
In terms of the Constitution of Zimbabwe, the President made a proclamation, Statutory Instrument 85 of 2023, Proclamation 4 of 2023, to set the dates for presidential, parliamentary and local authority elections in Zimbabwe.
The President set the 23rd of August, 2023, as the date for the harmonised elections.
The proclamation gives effect to the right to vote, which is encapsulated in Section 67 of the Constitution:
“(1) Every Zimbabwean citizen has the right—
(a) to free and, fair and regular elections for any elective public office established in terms of this Constitution or any other law; and
(b) to make political choices freely.
(3) Subject to this Constitution, every Zimbabwean citizen who is over eighteen years of age has the right—
(a) to vote in all elections and referendums to which this Constitution or any other law applies, and to do so in secret; and
(b) to stand for election for public office and, if elected, to hold such office.”
In terms of Section 143 (1) of the Constitution of Zimbabwe, the holding of this year’s harmonised elections will be upon the expiration of a five-year term which started when President Mnangagwa was sworn in on 26 August, 2018.
Parliament is elected for a five-year term which runs from the date on which the President-elect is sworn in in terms of Section 94 (1)(a).
Parliament stands dissolved at midnight on the day before the first polling day in the next harmonized election, in terms of Section 144.
Section 92 (1) provides, among other things, that the election of a President must take place within the period specified in Section 158.
Section 158(1)(a) provides that a general election must be held so that polling takes place not more than 30 days before the expiry of the five-year period specified in Section 143.
In terms of Section 158(2) of the Constitution, general elections to local authorities must take place concurrently with Presidential and Parliamentary elections.
That is why they are referred to as harmonised elections.
The Constitution requires regular elections for local authorities, members of the National Assembly, members of the Senate and the President.
This is a requirement for a well-functioning constitutional democracy.
Section 155 of the Constitution provides for the fundamental right of all citizens to free, fair, and regular elections.
Section 157(3) of the Constitution provides that the nomination of candidates must be done at least fourteen days after the proclamation calling for that election and that polling must take place at least thirty days after the nomination of candidates.
In other words, polling must not be within less than thirty days from the date of nomination.
Apart from the dates for the Nomination Court sitting and the elections, the 2nd of October 2023 was proclaimed as the date of the Presidential run-off, should it become necessary in terms of Section 110 (3) (f)(iii) of the Electoral Act.
It becomes necessary when no candidate garners fifty percent plus one of the total votes cast in that Presidential election.
In terms of Section 38 of the Electoral Act (Chapter 2:13), the run-off should be held on a day or days not less than 28 and not more than 42 days after the polling day or last polling day, as the case may be, if such an election becomes necessary.
The Constitution and the Electoral Act (Chapter 2:13) provide for an election roadmap and the availing for all the necessary information for aspiring candidates to effectively prepare.
Elections are not an event, but a process.
There are three periods of an election cycle. These periods are the pre-election period, election period and the post-election period.
The proclamation made by President Mnangagwa marks the beginning of the election period that includes the nomination, campaigning, voting and release of results.
Zimbabwe is now in the election period.
Trust Maanda is a legal practitioner and a partner at Maunga Maanda And Associates. He writes in his personal capacity. He can be contacted on +263 772432646
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