Zimbabwe has a unique and unchartered electoral terrain for a country in the nascent phases of electoral democracy. It is a country in perpetual electoral mode, unprecedented in the Southern African region, holding the record for the most highly contested elections. The gaining and retention of power has dominated the political landscape of the country, taking focus away from more pertinent developmental issues. Most, if not all, of the elections held in Zimbabwe since the 1980s have been heavily contested and characterized by violence, culminating in the legitimacy of those elected being called into question. Not only have elections been characterized by violence, but also by an unequal playing field and selective application of laws. Laws have been crafted that do not mirror international and regional standards governing the conduct of elections. In 2013, the country ushered in a new constitution, but despite the holding of two harmonized elections in 2013 and 2018, not much has been done to align the electoral laws to the new constitution. If nothing is done to reform the electoral framework, the country is most likely to go to the 2028 harmonized elections with a miscued electoral framework that does not allow for equal participation in electoral processes by its citizens, as witnessed in the 2023 harmonized election.
 On September 7, members of the 10th Parliament of Zimbabwe were sworn in following a highly contested election. The challenges posed by the electoral outcome have presented a threat to Zimbabwe's constitutional democracy, especially the ability of citizens to participate freely in electoral processes. While tensions within the country and threats of violence remain high, the ushering in of a parliament made up of mostly young legislators may help drive the electoral reform agenda. The events of the past harmonized election have presented the newly sworn-in members of parliament with an opportunity to continue pushing for reforms that level the electoral playing field. The current political context offers real possibilities for deeper electoral reforms that can help consolidate democratic rule. The election has provided an opportunity to advance the democratic process in the country, but this can only happen if meaningful changes are made to the electoral landscape. The members of the 10th parliament have an opportunity to legitimize their wins in future elections by ensuring a level playing field in the electoral architecture of the country. They can do this by pushing for electoral reforms aggressively. To this end, the new members of parliament have a role to play in ensuring that the electoral architecture governing the conduct of future elections allows for free and equal participation by all citizens. This will help prevent what James Madison called "the tyranny of the majority," which seems to be emerging in the country.
This is not to suggest that previous sittings of parliament have not played a significant role in advocating for electoral reforms. In fact, the improved electoral environment, and subsequent improvements to the electoral laws over the years have been attributed to reforms that ensured laws are aligned to regional and international election standards governing the conduct of elections. In many cases, civil society organizations in the country played a crucial and pivotal role, if not the leading role, in advocating for electoral reforms. Leading Zimbabwe election oversight organizations such as the Zimbabwe Election Support Network (ZESN) and the Election Resource Centre (ERC) have driven the agenda for electoral reforms through the publication of policy briefs position papers on electoral reforms, and petitions to parliament. On September 24, 2020, ZESN officially handed over a comprehensive Draft Electoral Amendment Bill to the Parliamentary Portfolio Committee on Justice, which suggests sweeping electoral reforms.
Running parallel to these efforts by CSOs, the government set up an inter-ministerial committee to lead political, electoral, and legislative reforms in line with the recommendations of the Motlanthe Commission of Inquiry into the August 1, 2018 post-election violence. However, this initiative was criticized for its lack of inclusiveness and its elitist approach to the process of reforming the electoral architecture of the country. Ultimately, when the committee tabled its recommendations, it barely scraped the surface of what was required to reform the electoral terrain of the country.
 The foregoing efforts, especially those by CSOs, have undoubtedly contributed to keeping the agenda for electoral reform in the country visible. However, with the swearing-in of the members of parliament, there is clear evidence that the focus must now be on electoral reform. The agenda for electoral reform must not be placed at the end of the list of issues that the parliament must consider. The previous parliament focused on amendments that further restricted citizen participation in both the political and electoral processes of the country.
The focus of reform should now be on essential reforms that improve political representation, political legitimacy, and political inclusion. This includes reviewing all legislation that has a bearing on the political and electoral environment and in turn on the electoral process and results thereof. One such important reform is to extend the franchise and the right to vote to all citizens of Zimbabwe, regardless of where they are domiciled in the world. This would be a prudent step towards electoral inclusion, and to this end, laws that allow for diaspora voting must be enacted. The reform agenda must also focus on improving the coherence and sufficiency of electoral laws, especially the alignment of the electoral laws to the constitution and the enforcement of laws such as the Traditional Leaders Act and constitutional provisions on the neutrality of traditional leaders. Reforms to improve the impartiality, effectiveness, and credibility of election administration and management should be prioritized. This includes enhancing the independence of the Zimbabwe Electoral Commission (ZEC) by enacting laws that increase its transparency and accountability. For example, the ZEC could be required to publish more information about its decision-making process and to make it easier for the public to access this information. Additionally, the ZEC should be required to hold regular public hearings and respond to public feedback.
Changes to provisions relating to voters' registration and the voters' roll should also be made to ensure they enhance the credibility of the register and Zimbabwean elections. The ZEC must be more transparent about its decision-making processes, including the publication of its voter registration data in formats prescribed by the law. Laws that give effect to the independent audit of the voters roll must be enacted as they help to build trust with the public and ensure that the ZEC is seen as a credible and impartial body.
Similarly, efforts should be directed at improving the role of the ZEC in electoral boundary delimitation. In the past election, the process of delimiting boundaries was marred by accusations of gerrymandering and inconsistent application of the formula used to allocate registered voters to constituencies and wards, resulting in malapportionment of electoral boundaries. Laws must be enacted that compel the ZEC to follow set guidelines in delimiting electoral boundaries. The Electoral Act must be amended to strengthen the provisions on transparency and consultation in the delimitation process. This would help to ensure that the process is more open and accountable. One school of thought proposes the establishment of a permanent Delimitation Commission that would be responsible for setting up both electoral and administrative boundaries.
Given the country's electoral landscape, which is littered with disputes, laws should be enacted to strengthen electoral dispute mechanisms. The Zimbabwe Electoral Commission (ZEC) should be given the power to investigate allegations of electoral fraud and to act against those found to have committed fraud or other related electoral offences. This can be achieved by establishing an independent investigative unit to investigate allegations of electoral fraud or irregularities. Additionally, the ZEC should have the power to enforce the Code of Conduct for political parties and the media. This would help to ensure that all parties and stakeholders play by the rules and that the electoral process is conducted fairly and impartially. Passing laws that Strengthen the Multi-Party Liaison Committees (MPLCs) will make them more effective in resolving conflict and ensuring that the electoral process is fair and transparent.
Laws must be enacted to strengthen the legislative role of the Zimbabwe Electoral Commission (ZEC). The ZEC should be given the power to make regulations without the approval of the Minister of Justice, Legal, and Parliamentary Affairs. This would give the ZEC more independence and allow it to make regulations that are tailored to the specific needs of the country. The ZEC should also have a formal mechanism to recommend changes to electoral law. This would allow the ZEC to put forward its proposals for reform in a timely and transparent manner. In addition, the ZEC's decisions should be final and not subject to appeal by the courts.
This would give the ZEC more authority and ensure that its decisions are not overturned on political grounds. The country must also address results management challenges that have hogged past elections. The disputes around results management have never been around the collation and tabulation of results at polling stations but have centred around the transmission and announcement of results. Counting at the polling stations is usually conducted transparently and efficiently and is observed by accredited observers and party agents. To address this, parliament must review the whole results management system to make it more open and transparent and make it mandatory for the ZEC to release polling station-level granular results. This will also include consideration of the recommendations of the Motlanthe Commission on results transmission. Parliament must enact laws that protect election observers and party agents from abuse and retribution post election. Furthermore, the focus should now shift to supporting reforms that enhance the civic competence of citizens on electoral matters. This could include enhancing voter education by creating more space for stakeholders other than the Zimbabwe Electoral Commission (ZEC) to conduct civic and voter education and make it continuous. Laws that make it mandatory for civic and voter education to be taught in schools must also be enacted, in line with the "capture them young" concept. Laws that subject ZEC to regular independent audits to ensure that it is operating effectively and efficiently must be enacted. Furthermore, the government must establish a public complaints mechanism that allows for the independent investigation of complaints against the ZEC.
These are a few of the priority reforms proposed by local, regional, and international observers including the Monthlate Commission, the list goes beyond these. The newly sworn-in members of parliament have a unique opportunity to take effective action to ensure free, credible, and democratic elections by legislating progressive electoral laws. The goal is no longer simply to hold regular elections in accordance with the constitution, but to ensure that they are credible. Electoral reform necessitates a strong and coordinated approach to maintain the momentum that has already been built. In the past, the country has seen half hearted attempts to reform the electoral landscape. Given the circumstances, the establishment of an electoral reform working group made up of stakeholders from all sectors of society is now required. These could include civil society organizations (CSOs), Chapter 12 institutions, the Law Society, and media organizations, to name a few. The strong ties between civil society and parliament will help to advance the process in time for the next elections. Timing is critical if the country is to engage in this type of activity, especially when there is an opportunity to sustain and support the process. The opportunity has presented itself, and it is up to Parliament to drive the agenda in a more coordinated manner than before.
To facilitate engagement on electoral reform, parliament should continue discussions within relevant legislative committees and develop a harmonized roadmap that considers both long-term and immediate reform needs. During this period, research and analysis on electoral reform issues should be pursued to provide legislators with the information they need to make informed decisions. This should include harvesting recommendations from both international and local observers' reports to inform the reform agenda. It is also important to prioritize the mobilization of citizen participation in the reform process, specifically support for a citizen-driven electoral reform process. To support parliament's efforts, CSOs should be encouraged to undertake civic education for citizens to understand the reforms and to keep the reform agenda visible. The agenda for electoral reforms should not take a backseat, and CSOs should continue to advocate for reforms with the parliament despite the challenges emanating from the past election. As Winston Churchill said, "Never waste a good crisis." A strong drive towards a people-driven agenda on electoral reforms must be pursued.
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