Zimbabwe’s 2013 elections were tainted with illegality. This article focuses
on two constitutional issues: the election date controversy and the use of
the Presidential Powers (Temporary) Measures Act to effect amendments to
the Electoral Act. It is argued that the language of the Constitution was not
followed. An artificial interpretation of the relevant constitutional provisions
undermined the rule of law and the separation of powers. This is disturbing,
since the meaning of the constitutional provisions concerned is not obscure.
The article also describes some of the ‘structures’ under which the election
was conducted. The powers and composition of the Zimbabwe Electoral
Commission, the impact of proportional representation on the legislature
and the rules governing the election of the president are therefore outlined
and explained.
Briefing Zimbabwe’s 2013 Elections: Two Constitutional Controversies and Comments on Some Structural Matters
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Journal of African Elections