4.1.1 LEGAL COMPLIANCE ISSUES
4.1.1.1 Legal Provisions governing the delimitation exercise
Sections 160 and 161 of the Constitution and section 37A of the Electoral Act provides for the legal basis for the delimitation of electoral boundaries.
4.1.1.2 Link between population census and the delimitation exercise
Section 161 (1) of the Constitution requires delimitation to take place as soon as possible after a population census. Population is a crucial consideration for delimitation and is listed in section 161(6) (f) as one of the factors to be considered in attaining equal number of voters in a constituency or ward. The population census contemplated in this section is the final census report. The Committee noted that ZEC considered the registered voters’ population and not the total population. According to the report, they only used the census preliminary report to correlate the registered voters’ population with the adult population. The use of the selective segment of the population census which is referred to as the adult population in the ZEC report is perceived to be a non-conformity to the constitutional values and principles enunciated in section 3 (2) (j) and (k) which relates to the equitable sharing of national resources, including land and devolution funds respectively. A population census measures the entire population including non-voters and children who are also affected by delimitation of electoral boundaries in respect of service delivery.
The Committee took judicial notice of the fact that the final census report is yet to be finalised and published, and acknowledged the impediment of COVID-19 pandemic as a factor that delayed the holding of the population census at the time it had been scheduled which had a bearing on the timing of the delimitation exercise. In light of this, the Committee noted that ZEC purportedly considered the available preliminary census report in an effort to comply with the constitutional obligation of delimitation.
4.1.1.3 Distribution of Registered Voters to Wards and Constituencies
The Committee noted that the report shows evidence of violations of sections 161 (3) and (4) of the Constitution providing for equal number of voters in the boundaries of constituencies and wards. The Committee observed that this provision was not fully adhered to as there are instances where some constituencies and wards had more registered voters than others within the same province. A case in point is Binga District which had 70,988 voters but had the same number of wards with Tsholotsho District which had 38,619 voters, and Bubi District which had 33,295 voters.
In addition to the above, the report shows evidence that the considerations listed in subsection (6), such as the means of communication within the area, the geographical distribution of registered voters; community of interest as between registered voters, were not fully complied with. In order to give effect to the considerations, the subsection must be read together with the constitutional values and principles as well as national objectives and devolution provided in section 3 and Chapter 2 of the Constitution respectively.
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