Exploring mechanisms of strengthening non-judicial electoral dispute resolution in Zimbabwe

Abstract

Electoral Act [chapter 2:13] establishes judicial and non-judicial electoral dispute resolution mechanisms. In view of this development, this study examines the nonjudicial mechanisms of resolving electoral disputes. The study argues that non-judicial mechanisms of resolving electoral disputes are of paramount importance in ensuring the smooth functioning of the electoral process.

The thesis begins with an overview of the constitutional provisions and the relevant Act of Parliament that provide for judicial and non-judicial electoral dispute resolution mechanisms. This is followed by an analysis of the theoretical underpinnings of nonjudicial electoral dispute resolution in general. The study then focuses on the Zimbabwean legal framework for non-judicial electoral dispute resolution as provided in the Electoral Act. To put the study into perspective, the analysis relies on international standards and a comparative assessment with South Africa.

The research established that Zimbabwe has non-judicial EDR mechanisms in electoral dispute resolution but they are fairly new and the structures are not fully developed as compared to other jurisdictions. It also observed that the mere existence of non-judicial EDR in the Electoral Act is not enough. Therefore, the study proposes practical recommendations which address identified weaknesses in the Zimbabwean legal framework. These suggestions are informed by lessons learnt from international standards and emerging global trends.