CHAPTER TWO: LITERATUREREVIEW AND CONCEPTUAL FRAMEWORKS

2.1 INTRODUCTION

First and foremost, it is crucial to understand that the literature review influences the research
that the study is conducted under. Owl (2003) notes that a thorough literature review is quite
helpful in examining the breadth and depth of the subjects that are relevant to a particular study.
Since it is insufficient, Levy and Ellis (2006) note that a literature review is a methodical,
explicit, and reducible way to identify, assess, and synthesize the body of completed and
recorded work that has been produced by various schools of thought, researchers, and
practitioners. The pair on to explain that the purpose of a literature review is to offer a
framework, description, assessment, and critical analysis of the writings of other academics in
the field being studied. This literature review must, in essence, be in the context of the topic
being studied. The literature review will explore the background, scope, and electoral system's
history as well as how elections advance democracy during the second republic in Zimbabwe.
We'll go over the background, scope, and electoral system's history as well as how elections
advance democracy.

This chapter provides a review of the existing literature on the relationship between democracy
and independent electoral commissions focusing on the roles of Zimbabwe electoral
Commission. The chapter starts by assessing the roles of Zimbabwe Electoral commission it then
examines their impacts on democracy as well as outlining theories. This is because Electoral
systems are considered to be the primary vehicle for choice and representational governance,
which is the foundation of democracy

2.2 CONCEPTUAL FRAMEWORK

It is necessary to define and clarify important concepts in order to fully comprehend the study.
Thus, it is imperative to define fundamental concepts and introduce a few uncommon but known
terminology that are relevant to the study.

2.2.1 DEMOCRACY

According to the Southern African Development Committe democracy denotes an electoral

system that is free and inclusive, wherein all citizens of a state enjoy fundamental human rights
and freedoms and actively participate in decision-making regarding matters impacting their well-
being, usually by choosing representatives to serve in all governmental capacities. It is also
important to take note of what democratic elections are defined as competitive, periodic,
inclusive, regular elections in which citizens who generally enjoy fundamental human rights and
freedoms elect officials to hold office at all levels of government through secret ballot. Minimum
standards of liberty and the rule of law are analyzed or acknowledged as necessary in the study
of electoral democracy. When enforced, these help people participate successfully.

2.2.2ELECTIONS AND DEMOCRACY

Elections are the foundation of democratic political processes because they provide a fair and
equal opportunity for candidates or political parties to run for public office. A fair competition
necessitates unbiased process management for an election to be considered credible. Electoral
management bodies (EMBs) are governmental institutions created and mandated to arrange or, in
certain cases, oversee the fundamental (or core) components of this process, as stated in
International IDEA's Handbook on Electoral Management Design (Catt et al. 2014).Democracy
operates on the basis of elections. They enable people to elect and hold responsible leaders. For
elections to be deemed fair and free, they must fulfill several democratic requirements like
integrity, independence of the Electoral Management Body, transparency, impartiality,
effectiveness, service mindedness and professionalism. In 2017, a military coup overthrew
longtime president Robert Mugabe, ushering in Emmerson Mnangagwa as the new leader.
Nevertheless, there was no notable progress made in the direction of a democratic shift in the
2018 elections. The ZEC's lack of transparency in its decision-making process and its poor pre-
election communication with opposition parties damaged public confidence in the commission's
objectivity. The international community had high expectations for the 2018 elections to be the
start of a democratic Zimbabwe, but a joint report by the National Democratic Institute (NDI)
and IRI, as well as a report from the European Union's election observation mission, found a
number of irregularities that raise concerns about the process's freedom and fairness. More
significantly, elections are formalized efforts to actualize the fundamental principles of
democracy—that is, the rule of people by the people. Participatory and competitive elections are
included in every contemporary definition of representative democracy because they are seen as
the proper means of converting popular rule into functional executive and legislative authority.
According to Bratton and Van De Walle (1997), elections by themselves do not constitute a
democracy, but no other institution comes before competitive and legitimate elections as a
necessary step toward self-governance.

2.2.2ELECTION MANAGEMENT

Election management is the processes used in the run-up to the election, during the election, and
after the results are announced are collectively referred to as election management. Nichter,
(2006). He contends that there are three main models for election management: the mixed,
independent, and governmental models. A set of regulations that specify how elections and
referendums are held and how their outcomes are ascertained is known as an electoral system.
Although there are many variations, there are three main categories of electoral management
models: mixed, governmental, and independent. In the Governmental model, Election
Management Boards are a part of and answerable to the executive branch, whereas in the
independent model, an Election Management Boards is institutionally independent from the
government's executive branch. Typically, the Mixed model consists of two Election
Management Boards: a governmental Election Management Boards in charge of overseeing the
electoral process and an independent EMB with policy and monitoring authority. Nevertheless,
every EMB should be confident that it can uphold the validity and credibility of the process for
which it is accountable, regardless of the model that is employed. This is possible if the
foundation of electoral management is built on essential tenets such as impartiality, integrity,
transparency, efficiency, professionalism, and service-mindedness Reynolds (2005)

ZIMBABWE ELECTORAL PROCESS

Aziri (2013) believes that an electoral system is made up of a set of regulations that control every
step of the voting process, including who can vote, who can run for office, how ballots are
marked and cast, how they are counted, how much money can be spent on campaigns, and other
elements that could taint the outcome of the election.

According to the southern African development committee an electoral process is a number of

significant election-related activities, including the creation of laws, delineation, efforts to
prevent and manage conflicts, civic education and voter registration, creation and execution of
norms of behavior, nomination of candidates, advertising, tabulation, voting, results reporting,
and election adjudication. The five-year term that Zimbabwe's president is elected to is limited to
two terms of office. The election process is conducted in two rounds. A majority of votes that is,
at least 50% plus one is needed to elect the candidates. Should no candidate secure a majority,
the election transitions to a runoff between the two front-runners from the first round. Not more
than two vice presidents may be appointed by the president immediately upon taking office.

Of the 270 members of the National Assembly, 210 are chosen directly, and the remaining 60 are
allocated to women who are elected using proportional representation. The Senate is made up of
individuals chosen through a party list system; sixty of these members represent eight provinces
and two cities having provincial status (six apiece), with the genders listed in reverse order. The
provincial assemblies of chiefs from the eight provinces also elect sixteen traditional chiefs. The
National Council of Chiefs, the governing body for traditional chiefs, has two seats reserved in
the Senate for its president and deputy president. There are two disability members in the Senate
as well.
In Zimbabwe, citizenship entitles one to vote at the voting age of eighteen. The Zimbabwean
High Court also approved the ability to vote for dual citizens prior to the 2018 elections. In order
to register, authenticate, and stop fraud, ZEC implemented a biometric voter registration (BVR)
system in 2017. This system uses fingerprints and photos.

2.2.2.1 MODELS OF ELECTORAL ADMINISTRATION

Election Administration

Many academics believe that an election's credibility and success depend on its quality. In one of
the first works on the subject, Pastor (2005) presents election administration as the "missing
variable" for explaining the causes and effects of democratic transitions. According to him,
electoral procedures are "simple matter" with a delicate political component. Technical issues or
even rumors of irregularities can easily lead to boycotts, protests, and violence, particularly in
emerging democracies. Since then, several studies have demonstrated that an election's quality
positively affects its acceptance as well as the legitimacy and support of democracy and of the
political system. In short, the way elections are managed can either make or break democracy
Mserumule (2015)

The Independent Model.

The Independent Model of electoral management is used in nations where elections are
coordinated and overseen by an EMB that is separate and autonomous from the executive branch
of government, has its own budget, and is not answerable to any one government ministry or
department, but rather to the legislature, the judiciary, or the head of state. Different EMBs
operating under the Independent Model may have different levels of performance accountability
in addition to financial autonomy. A lot of recently formed democracies have opted to use the
Independent Model of electoral management; they are made up of members who hold office in
the EMB but are not part of the administration.v There are certain nations that have two separate
bodies set up to oversee elections; these bodies can be thought of as independent EMBs since
they are not under the control of the executive branch. Decisions about electoral policy are likely
to fall under the purview of one of these organizations, procedure, with the other in charge of
managing and carrying out the election procedure. There may be clauses that protect the
implementation EMB from policy EMB meddling in personnel and operational decisions. The
Independent Model cites Jamaica, Romania, as examples of this "double-independent" structure.

The Governmental Model of Electoral Management

The Governmental Model of electoral management is used in nations where local government
bodies or executive branch ministries, such the Ministry of the Interior, are in charge of
organizing and overseeing elections. When EMBs operate under the authority of the government.
The governmental national models report to a Cabinet minister and are headed by a minister or
civil servant. There are extremely few exceptions to their lack of "members." Their budget is
managed by a local government agency or a government ministry. Denmark, New Zealand,
Singapore, Switzerland, Tunisia, the United States (for elections only; not for referendums), and
the United Kingdom are among the nations whose EMBs fit this concept. Elections in Sweden,
Switzerland, the UK, and the US are conducted by local authorities. The central EMB takes on
the job of coordinating policies in Sweden and Switzerland.

Mixed Model of electoral Management

Two component EMBs and dual structures are typically present in the Mixed Model of electoral
management. These include an independent policy, monitoring, or supervisory EMB (similar to
an Independent Model EMB) and an EMB housed in a state or local government department
(much like an EMB under the Governmental Model). In the Mixed Model, the component
independent EMB provides some monitoring while the component governmental EMB organizes
elections. France, Japan, Spain, and numerous other former French colonies particularly those in
West Africa, such as Mali, Senegal, and Togo all employ the Mixed Model.

2.2.2.2Legal framework guiding elections in Zimbabwe

The Zimbabwean Constitution, laws, and statutory tools all work together to control elections.
Although there has been discussion about these legislative frameworks recently, their intended
purpose is to guarantee free, fair, and transparent elections. The Zimbabwean Constitution,
which establishes the fundamental rules for elections, is the ultimate law of the country. It
guarantees citizens' ability to cast ballots and run for public office. Zimbabwe's electoral system
is the governed by 2013 Constitution of Zimbabwe Amendment (No. 20). Political rights are
outlined in Section 67 of the constitution. These rights include the freedom to form, join, and
participate in the activities of any political party or organization of one's choosing, to campaign
freely and peacefully for a political party or cause, to engage in peaceful political activity, and to
vote in all elections and referendums. The legal basis for holding elections is supplied by the
Electoral Act. It describes the steps involved in registering voters, drawing electoral boundaries,
organizing elections, and resolving disputes. There is also the Zimbabwe Electoral Commission
Act Chapter 2:12. Followed by the Political parties' finance act chapter 2:11 this law controls the
funding of political parties. It allows political parties to get public funding if they receive a
certain number of votes in general elections. The Act also limits the amount of foreign money
that political parties can receive. Then there is also the Maintenance of Peace and Order Act
which regulates Political parties' campaign strategies, this one currently controls public
gatherings and processions during election times. Lastly there is the Representation of the people
Act This Act which addresses candidate qualifications, the nomination procedure, and the overall
management of elections for local government and parliament. All these set of Legal
Frameworks work hand in hand in shaping the electoral system by facilitating electoral integrity
for the country there by promoting democracy. As a member of the SADC, Zimbabwe is also
bound by several regional election frameworks, including the SADC Norms and Standards for
Elections, the SADC Principles and Guidelines Governing Democratic Elections, and the SADC
Principles for Election Management, Management, Monitoring, and Observation in the SADC
Region. In 2018 Zimbabwe sign the African Charter on Elections, Democracy, and Governance.

Furthermore, as reported by Daily News Harare, legal scholar Alfred Mavedzenge contested the
validity of Zimbabwe's Electoral Act, claiming it grants the government the authority to veto
rules issued by the Zimbabwe Electoral Commission (ZEC). The case sought an order to declare
Section 192(6) of Chapter 2(13) of the Electoral Act unconstitutional since it grants the Justice
Minister the authority to authorize statutory instruments or regulations created by the Zimbabwe
Electoral Commission. Opposition political parties and civil libertarians have frequently
criticized the Electoral Act in recent years, claiming that it does not provide adequate measures
and sanctions to address political violence and intimidation or guarantee that all candidates for
office have fair access to objective media coverage.

Alfred Mavedzenge argued the ability of ZEC to prepare for elections in a manner that is
independent saying it is undermined by Section 192(6) of the Electoral Act (Chapter 2:13) which
gives the justice minister sweeping powers to interfere with ZEC operations.

Sections 2(1), 85(1), 67(1), 235(1), 235(2) and (3), Section 134, and Section 167(3) of the
Electoral Act (Chapter 2:3) were superseded. The Constitution stipulates and mandates that the
second responder (Zec chairperson) must carry out all plans in a way that is unaffected by
outside guidance, control, or intervention. According to Mavedzenge, the second respondent's
independence is being guaranteed in order to make sure that she plans and runs the elections in a
way that satisfies the right to a free and fair election guaranteed by the constitution. Elections
must be free and fair, according to Section 155(1) of the Zimbabwe Amendment (No.20) of
2013. Constitution.

2.2.2.3 COMPLIANCE WITH THE LAW

According to the Electoral Act, the Zimbabwean Constitution, and other pertinent regulations,
the Zimbabwe Electoral Commission (ZEC) is constitutionally required to hold elections.
Nonetheless, there have been multiple inquiries regarding the ZEC's adherence to these legal
frameworks.

The ZEC is required by Section 239 of the Zimbabwean Constitution to oversee and organize
elections and referenda and to make sure that they are carried out effectively, freely, fairly,
transparently, and legally. The ZEC has regularly organized and conducted elections on
schedule, such as the 2018 and 2023 general elections, adhering to constitutional requirements
for holding elections every five years. The commission also established polling stations and
worked to facilitate voter registration in line with legal provisions, as per the Electoral Act
(Chapter 2:13)
However, despite being able to comply with the law, The Zimbabwe Electoral Commission has
recorded cases of not following the rule of law in the electoral process as it is evidently shown in
the case studies below Looking at cases like the Gabriel Shumba case, the Constitutional Court
confirmed the controversial rulings in a few cases in its May 2018 ruling in Gabriel Shumba & 2
Ors v. Minister of Justice, Legal and Parliamentary Affairs (2018) ZWCC 4, prior cases. The
court was asked to issue an order requiring ZEC to facilitate the voting of Zimbabwean nationals
living abroad (in the diaspora). Only residents of a specific constituency are granted the right to
vote in a given election, the court said. The reason for this is that even though Part XIV of the
Electoral Act is sufficiently lenient to let diplomats and their wives who are stationed outside of
Zimbabwe to cast ballots by mail (IFES, 2018). This indicates that while the facility exists and is
available to all diasporic people, it is presently only available to individuals traveling on official
business. Particularly in regard to the presidential elections, this logic is comparable to in the
aforementioned 2002 Tsvangirai case before the Supreme Court. Due to the fact that voter
registration is not only constituency-specific but also polling station-specific, there is no
opportunity for a voter to cast a ballot while visiting another nation. The aforementioned
Madzingo instance is comparable to this reasoning.

The court also adopted a purposive interpretation of Section 232(a) of the 2013 Constitution,
which grants ZEC the sole authority to administer elections, in the Mavedzenge v. Minister of
Justice CCZ 05/18 case. Nonetheless, the Electoral Act's Section 192(6) allows for the
permission of ZEC's election rules by the Justice Minister prior to their implementation. After
that, Mavedzenge petitioned the court to declare that the Electoral Act's Section 192(6) was
unconstitutional. The 14 electoral and judiciary disputes the 281 cases took nearly a year to
resolve; it was heard on July 5, 2017, and the verdict wasn't rendered until May 31, 2018. Only
two months remained till the general election in 2018. These cases are vivid evidence that shows
that the Zimbabwe Electoral Commission does not always comply with the law.

Those in political office are held accountable for the abuse of democratic values, according to
Booysen (2012), Masiyiwa (2013), and Zim Eye (2018). NewsDay (2018) attributes abuses of
democratic values to members of a particular political party being spotted wearing the party
regalia of a party deemed unworthy of support in electoral premises like polling station. This is
the duty of the Zimbabwe Electoral commission to make sure that every citizen abides by the
rule of law during the whole electoral process.

More over the final results of the 2018 general elections were not announced for several days due
to delays in the announcement of the presidential results. Widespread rioting resulted from this,
and ZEC was accused of rigging the results to benefit the ruling ZANU-PF party. The final
results of the 2018 general elections were not announced for several days due to delays in the
announcement of the presidential results. Widespread rioting resulted from this, and ZEC was
accused of rigging the results to benefit the ruling ZANU-PF party.
In addition to violating regulations requiring prompt and transparent election management, the
delayed announcement of results particularly in tight races caused a decline in trust in the ZEC's
impartiality. Another instance is the July 30, 2018, national elections in Zimbabwe. The election
process was largely peaceful until August 1, 2018, when protesters took to the streets of Harare
calling for the immediate release of results of the presidential election, according to Makonye et
al. (2020). It may be argued that the police were unable to control the situation and turned to the
military for help, which shot live bullets at the defenseless civilians. Due to failure of compliance
with the law the Zimbabwe Electoral Commission undermined the nations democratic rights

Moreso, traditional leaders are prohibited from belonging to a political party, engaging in
partisan politics, or acting in a partisan manner by Section 281(2)(a) and (c) of the Constitution
of Zimbabwe Amendment No.20 these are rules that conventional leaders have to follow.
Traditional leaders have an obligation to refrain from overtly expressing their political objectives
or getting involved in politics. Such behavior is a violation of the Constitution. According to
reports, some traditional leaders were escorting their villages to the polling places in places like
Buhera South, Muzarabani, and Mudzi. with a directive to cast a ballot for ZANU PF in what is
referred to as "sabhuku nevanhu vake" (a village chief as well as his subjects). Traditional
leaders participated in the election process as partisans. The Forum's monitors said that
traditional leaders were used by ZANU PF as electoral agents. This apprehends the electoral
complete failure of the Zimbabwe Electoral Commission to comply with the law as well as failu

2.3 Independence of the Electoral Commission

There are two types of independence which are structural and functional independence Structural
independence is a reflection of an EMB's internal units and leadership, as well as its relationship
to the executive and other government agencies. EMB design is divided into three categories by
the International IDEA: Independent, Governmental, and Mixed (Catt et al. 2014). Functional
independence describes EMB behavioral independence and the manner in which independently
prescribed duties are carried out. While independent model EMBs help ensure fair and legitimate
elections, structural independence by itself does not always show up or translate into functional
independence.

An electoral commission's independence is essential to guaranteeing free, fair, and transparent

elections in a democracy. Generally speaking, an electoral commission is a body of government
tasked with setting election dates, organizing voter registration, supervising election
administration, and regulating the electoral process as a whole. In emerging democracies,
electoral commission independence is a complicated topic that frequently sparks intense
controversy, particularly during contested elections (Lekorwe, 2006). According to Garnett and
Van Ham (2019), Birch and van Ham (2017), and van Aaken (2009), an EMB may lack
functional independence if it depends on an executive to determine its strategic and operational
priorities, its functions and budget (institutional, operational, and activities), or its hiring of staff.
These factors highly contribute to the independence of electoral commision

For the people to continue believing in the integrity of the democratic process, it must remain
independent public opinions of election integrity are significantly influenced by the degree to
which electoral commissioners are able to function without intervention from outside parties or
political pressure. It thus has a direct bearing on the validity of certain political parties as well as
the credibility of specific leaders. who win political office through election. In the event of a
contested general election, a commission that is perceived as tainted is unlikely to be able to lend
legitimacy. Consequently, this could call into question the legitimacy of the larger political
system. Therefore, evaluating electoral commission independence is crucial as it's a crucial part
of the kinds of electoral reform procedures that can support the development of new
democracies. As Kaaba and Haang’andu (2020: 172) have said, ‘The legitimacy of elections
cannot be separated from the competency, professionalism and independence of the institution
administering them.’ The fundamental idea behind independence is that the commission ought to
have the authority to uphold the legal, constitutional, and electoral regulatory structure that is
free from outside influence and politics.

According to the election laws, rules, and constitution, institutional independence refers to
whether the electoral commission is "independent from politics" Van Ham and Garnett 2019:
317). The electoral commission's organizational structure and the strength of its legal standing
are crucial to its autonomy, as it is extremely doubtful that commissioners will be able to act
independently in practice without a solid legal basis. However, the selection process for
commissioners and the secretariat, as well as their tenure security, significantly influences the
commission's capacity to resist political pressure.

2.4 CHALLENGES FACED BY ELECTORAL COMMISSIONS IN UPHOLDING

DEMOCRACY.

In order to preserve the integrity of democratic elections, electoral commissions in Africa must
overcome numerous obstacles. Despite the fact that these difficulties are widespread globally,
political, economic, and social variables frequently make them worse in African situations.
These are some particular difficulties that African electoral commissioners encounter in the quest
for promoting democracy.

POLITICAL INTERFERENCE AND PARTISAN INFLUENCE

Political interference occurs when government representatives or politicians attempt to direct or

sway the electoral commissioners' decisions. They might attempt to control election timing,
resource distribution, and even who is eligible to run. The election's impartiality and ability to
fairly represent the people's will may be jeopardized by this meddling. The results of the 2017
Kenyan presidential election were declared void due to accusations of political meddling against
the Independent Electoral and Boundaries Commission (IEBC). Due in part to pressure from
political organizations on the commission, the judiciary pointed to anomalies and unlawful ties in
the election process.

Favoring one political party or candidate over another, usually covertly but occasionally more
overtly, is known as partisan influence. There may be pressure on electoral commissions or the
members of them to make rulings that favor a particular party. This could entail approving
candidates from one party while denying others on technical grounds, or it could entail adding
more voting places in areas that support that party. Allegations of prejudice against the ruling
ZANU-PF party have been made against the Zimbabwe Electoral Commission (ZEC), which is
accused of influencing voting places and voter registration in order to benefit incumbents. This
has caused serious doubts regarding the commission's independence.

LOGISTICAL AND FINANCIAL CONSTRAINTS.

Logistical constraints are the difficulties in organizing, planning, and conducting the actual
election process. Distribution of voting materials, polling station setup, employee training, and
voting site security are a few examples. Reaching every voter can be particularly challenging in
areas with challenging terrain, inadequate infrastructure, or sizable rural populations. Logistical
issues include, for example, making sure all polling places have enough employees or getting
ballots to far-flung locations. Due to the challenging terrain, inadequate infrastructure, and
scarcity of resources, the Democratic Republic of the Congo (DRC) has significant logistical
hurdles. The 2018 elections were poorly organized by the Independent National Electoral
Commission (CENI), resulting in logistical mistakes and delays, including problems procuring
and transporting voting materials in far-flung areas.

The term "financial constraints" describes restrictions on the electoral commissioners' available
budget. Significant financial resources are needed to run an election in order to pay for costs like
staff salaries, voter education initiatives, and safe voting equipment. Insufficient funding may
make it difficult for electoral commissions to meet these demands, which could result in
insufficient resources, fewer polling places, or delayed services. Due to insufficient finance,
Nigeria's Independent National Electoral Commission (INEC) encountered difficulties during the
2019 elections. Due to difficulties distributing election materials throughout the nation's large
and occasionally inaccessible regions, INEC was forced to postpone the election by one week in
order to guarantee that all supplies and poll workers were available.

MISINFORMATION AND DISINROMATION DURING THE ELECTION PERIOD

Disinformation is intentionally misleading information that is disseminated in an effort to

influence or deceive. Disinformation during elections can take the shape of propaganda, altered
photos, or fake news articles intended to confuse voters or harm a candidate's or party's
reputation. For instance, a falsified story about a candidate's background or a false rumor that a
polling place has closed early could be purposefully disseminated to influence voters. Social
media and online platforms were widely utilized to disseminate both correct and false
information during the Ugandan election of 2021. The electoral commission was unable to
adequately communicate with the public as a result of the government's response, which
involved shutting down the internet.

Misinformation is false or erroneous information disseminated with no intention of deceiving is

known as misinformation. Unknowingly spreading false information is common; for example,
sending a social media message regarding voting processes that is inaccurate. Even if
misinformation isn't intended to be misleading, it can nonetheless confuse voters and skew the
election process. In Nigeria, the public's opinion of the voting process is impacted by the
ongoing problem of disinformation. Social media lies frequently damage the electoral
commission's reputation. This was seen during the 2019 elections, when unconfirmed reports and
rumors proliferated, confounding voters and raising questions about the process's validity.

VOTER EDUCATION AND INCLUSIVITY

Voter education include educating people about their rights as voters as well as how, when, and
where to cast their ballots. This could include information on how to register to vote,
comprehend the ballot, and be aware of the election's importance. People who get effective voter
education are enabled to fully and confidently participate in elections and are guaranteed to
comprehend the procedure.

In order to counteract misinformation, electoral commissions usually conduct public campaigns,

disseminate information on voting procedures, and instruct citizens on how to identify
trustworthy sources. This is particularly crucial for people who are voting for the first time or
who live in places with low literacy rates, as they may find it difficult to comprehend the voting
procedure.

Making the voting process accessible to all eligible individuals, particularly underrepresented or
underprivileged groups, is known as electoral inclusivity. This entails eliminating obstacles to
voting, such as ensuring polling places in rural or isolated locations, eradicating language
barriers for ethnic minorities, and providing physical access for individuals with impairments.

It also entails establishing a welcoming atmosphere where all voters, irrespective of their
backgrounds, have an equal chance to cast their ballots. Electoral commissions might, for
example, design polling places that are accessible to those with disabilities or offer documents in
different languages.

Voter turnout and informed voting are impacted by the Electoral Commission's difficulties
reaching rural and less educated groups in Uganda. Furthermore, opposition supporters have
been accused of voter suppression, including the manipulation of voter rolls to exclude particular
demographics.
Voter education has been challenging for Ethiopia's National Electoral Board (NEBE) in this
multilingual, multiethnic nation. Some groups, especially those in rural and isolated areas, are
underinformed as a result of the dearth of resources available in all regional languages.

PUBLIC TRUST AND PERCEPTION ISSUES

The conviction that electoral bodies, such as electoral commissions, are conducting their
business impartially, openly, and equitably is known as public trust. People who feel their votes
are tallied correctly, the process is transparent, and the outcomes represent the will of the people
are said to have high levels of public trust. In part because of past problems with election
legitimacy, Zimbabwe's ZEC has had a hard time winning over the public. Low public trust has
an impact on voter turnout and engagement, and accusations of voter suppression, abnormalities
in the roll, and prejudice against the ruling party have all contributed to this.

Even when the voting process is legitimate generally, perception problems occur when people's
opinions about it are influenced by rumors, false information, or isolated instances. Occasionally,
even little anomalies or a few isolated instances of fraud might raise serious concerns about the
election as a whole. INEC has had a similar problem with public trust in Nigeria. The idea that
elections are unfair has been impacted by electoral anomalies and accusations of corruption
within the commission.

CYBERSECURITY AND TECHNOLOGY CHALLENGES.

The problems and dangers of utilizing digital technology in the electoral process, particularly
with regard to safeguarding election integrity against cyberattacks, are referred to as
"cybersecurity and technology challenges" in elections. As more election procedures depend on
technology, such as online voter databases and electronic voting systems, cybersecurity has
emerged as a key area of concern for electoral commissions. To increase accuracy, Ghana's
Electoral Commission implemented a biometric verification method for the 2020 election.
Concerns regarding the efficacy and security of the technology employed were raised,
meanwhile, by reports regarding system failures and protracted delays at voting places.

Significant obstacles also existed for Kenya's usage of technology during the 2017 election.
There were allegations of vote manipulation and tampering after the results' electronic
transmission was disrupted. Because of this circumstance, the commission came under fire for
failing to guarantee the security of election procedures.

DISPUTE RESOLUTION AND JUDICIAL INTERVENTION.

The procedures used to address and settle election disputes—which frequently include the legal
system—are referred to as "dispute resolution and judicial intervention." These procedures are
essential for guaranteeing fair and valid election results, especially when there are claims of
fraud or irregularities. A landmark decision was made in Malawi when the 2019 presidential
election was declared invalid owing to irregularities. In a decision that strengthened confidence
in the judiciary but exposed flaws in the Malawi Electoral Commission's operations, the
Constitutional Court ordered a rerun after concluding that the commission had not ensured a fair
and transparent process, especially in handling electoral disputes and irregularities.

The Supreme Court's decision to declare the 2017 Kenyan presidential election invalid once
more brought attention to the judiciary's responsibility to protect electoral integrity. The court
discovered problems with the IEBC's management of vote transmission and tallying,
highlighting the difficulties electoral commissions encounter when judicial scrutiny exposes
operational shortcomings.

2.5 INTERNAL AND EXTERNAL CHALLENGES FACED BY THE ZIMBABWE

ELECTORAL COMMISSION.

In the post-2017 era, after the removal of Robert Mugabe and the rise of Emmerson Mnangagwa,
the Zimbabwe Electoral Commission (ZEC) in the Second Republic has encountered various
obstacles internally and externally, impacting its capacity to conduct impartial, fair, and
trustworthy elections. Here is an in-depth examination of these challenges, including specific
instances from the 2018 general elections and the 2023 elections.

Lack Of Objectivity

The perceived lack of neutrality of the Zimbabwe Electoral Commission (ZEC), especially with
regard to the administration and supervision of elections, has drawn heavy criticism. ZEC's role
in guaranteeing a fair and credible process was called into doubt by observers from the EU,
SADC, and other organizations who pointed out anomalies in the 2023 elections. Transparency
and impartial reporting were also impacted by the ZEC's restrictions on access for journalists and
independent monitors, according to local civil society organizations.

There have continued to be problems with voter roll accuracy, such as duplicate entries and the
registration of deceased people. These disparities increase the likelihood of fraudulent voting
methods, which can erode trust in the political process.

ZEC has been under fire from observers and opposition parties for its lack of transparency,
especially with regard to ballot printing, result verification, and voter roll administration.
Concerns regarding manipulation or a lack of preparation were raised, for example, by the delays
in the release of voter rolls and the apparent ambiguity surrounding the distribution of voting
papers in opposition strongholds.
Polling stations in some locations, especially opposition-leaning major hubs like Harare and
Bulawayo, opened late during the 2023 elections, causing widespread reports of delays. Some
saw this as a strategy to reduce voting turnout in areas where ZANU-PF support was lower.

The ruling ZANU-PF party has been accused of being favored by ZEC, which has been accused
of partiality. The president's appointment of the commission's leadership, which is viewed as
possibly undermining independence, adds credence to this impression. Because of this
relationship, there is now doubt about ZEC's objectivity in overseeing elections. All these factor
proves the Zimbabwe Electoral Commission to be an institution that ignores its objectives
sometimes thereby losing its integrity.

Political Interference

When choosing leaders, elections are an open means of expressing popular will through electoral
management bodies like the Zimbabwe Electoral Commission. On the other hand, alleged
anomalies in the electoral process may lead to disagreements that reach the courts or develop
into long-lasting confrontations. For disputed election results, the courts thus offer a forum for
amicable resolution. According to modern democratic theory, the functional division of powers
guards against absolutism and undue power concentration. To provide checks and balances, the
system places political authority in the hands of the legislative, executive, and judicial branches
of government. But it's questionable when a government branch that isn't democratically elected
steps in to argue over whether a democratic process is legitimate.

In the 2018 presidential election, opposition parties, particularly the Movement for Democratic
Change (MDC), accused ZEC of being biased in favor of ZANU-PF and Emmerson
Mnangagwa. The MDC also claimed that ZEC was under political pressure to produce results
that favored the ruling party and that it had manipulated the electoral process, particularly the
voter roll.

Appointment of the Zimbabwe Electoral Commission commissioners

An electoral management board's independence is largely dependent on the process used to

nominate commissioners. It is a confidence-building exercise that significantly improves the
electoral management board's reputation and sense of honesty. According to Lopez Pintor
(2000), the election management body's composition at the commissioner and public service
levels is another crucial step in guaranteeing effective independence. The process by which
commissioners are appointed in Zimbabwe is mostly comparable to that of other electoral
jurisdictions in Nigeria and Zimbabwe, wherein the Parliament plays a significant role in sending
out invitations for applications, interviewing potential appointees, and shortlisting applicants
who are then nominated for presidential appointment. Stakeholders applaud the Parliament's
involvement, but there is still concern about the president's ongoing involvement in choosing the
final list of nominees. Regarding Zimbabwe's political division, the president's influence over the
final commissioner list continues to tarnish the perception of the Zimbabwean Election
Commission's independence. Indeed, there is a history of politicians' unfavorable engagement in
the selection of Zimbabwe Commission commissioners. White (2005) provided the following
definition of term independence, an independent body is one that is not part of the government,
whose members are appointed and removed according to established procedures that guarantee
members are suitably qualified, do not serve the executive branch at the whim of the
government, and can only be removed for reasons related to their performance on the job. It is
also one that has control over its own operations and is sufficiently funded by Parliament to
enable it to carry out its mandate According to Okello
(2006), the idea of an electoral body's independence indicates that it has first been permanently
constituted by the National Constitution or by laws that guarantee its independence from political
parties in the exercise of its powers and execution of its functions. Second, the budget of the
electoral management board should not be set by the executive branch; only then can the body be
genuinely independent and carry out its mandate. The members of the electoral management
board should be appointed and removed independently of political parties according to the terms
of their employment.

Failure to exercise its absolute powers

It is more likely that the public and other stakeholders will view the election administration body
as independent the more powers it possesses. The three kinds of authority that the electoral
management body possesses are the executive power, which permits it to organize and carry out
elections for party registration, certify and annul elections, and suspend candidates who break the
law, among other things. In the context of electoral processes, depending solely on regular
education processes may be too slow. Lastly, the legislative power grants the electoral
management body the authority to create subsidiary laws or regulations, issue directives and
reviews, and investigate and resolve this dispute in accordance with the law.

Poor Capacity

The term "capacity" describes the range of logistical elements that allow an electoral commission
to complete its work, including the budget's size, the secretariat's size and percentage of
permanent employees, the commissioners' and secretariat's individual capacities, and the staff-to-
polling station ratio. Particular the ability of the electoral commission to adhere to the election
schedule and the voter registration rate—the proportion of potential, eligible voters who are
actually registered—are examples of the commission's competency.

The electoral commission's poor performance is likely to damage its credibility and,
consequently, the integrity of the larger electoral process. For instance, the Zimbabwe Electoral
Commission had little funding and it nearly find it impossible to secure votes after the election
and to safeguard ballot boxes and ballot papers before the actual election date. Such
commissions are likely to struggle to deliver a professional service and adhere to the electoral
schedule. The requirement that suppliers of goods and services pay in advance hampered prompt
purchase of products and services, which delayed timely assistance for election-related
operations. A number of service providers refused to offer their services, because there was no
upfront payment, this occasionally caused election materials to be deployed later than planned.
Delays in funding election-related operations led to accumulated expenses. This is according to
the Zimbabwe Electoral Commission Post Electoral report of 2023.

Lack of proper funding

The fact that the Commission's independence is the most crucial element in enabling a free and
fair election. It must have the authority to establish regulations, oversee elections, and elections
only, free from outside influence or guidance, but it must be independently funded and self-
governing.
THE PRINCIPLE OF SEPERATION OF POWERS.

The separation of powers is one of the fundamental constitutional tenets of modern democracies.
Since Locke and Montesquieu's works, the division of the legislative, executive, and judicial
branches is considered necessary to prevent tyranny and usurpation by the person in possession
of these powers. The founding fathers of the American constitution were greatly influenced by
these concepts. They believed that separation of powers is an essential safeguard, even in a
democracy that regularly elects its own leaders, as the Madison quotation demonstrates.

2.6 EMPIRICAL LITERATURE REVIEW

The literature review is the theoretical section that will provide an insight and analyze the factors
that affect overview of the of democracy in Zimbabwe since the introduction of the new
dispensation and its improvements and shortfalls. The studies cited in the literature review
provide compelling evidence that Zimbabwe electoral commission can improve its approach in
promoting electoral fairness and integrity thus endorsing democracy. These researches have
provided the necessary content and background for my study and helped to establish the need for
further research in this area. For example, the studies of Esther Mavengano and Sophia
Chirongoma in 'Electoral Politics in Zimbabwe, Volume One The 2023 Election and Beyond.’
The literature is highly relevant to my research because it provides in depth overview of the of
the existing role of the Zimbabwe electoral commission in democracy which can help to help
identify potential challenges and improvements in the Zimbabwean context. The literature
review provides examples of achievements and hinderances of Zimbabwe electoral commission
in promoting democracy which can guide my study. Based on the literature review several
potential challenges could be faced by the Zimbabwe Electoral commission and this affect
democracy. These challenges could be faced by the Zimbabwe electoral commission and this
affect democracy. These challenges include lack of independence, lack of financial autonomy,
manipulation by political parties,

2.7 SUMMARRY

The researcher provided a thorough introduction to the literature review so that readers could
fully understand previous research on the topic and identify any gaps that needed to be filled.
The chapter used the case studies and provided examples of how democracy is influenced by the
election system (structure, procedure, and legislature). Additionally, the research objectives
provided a framework for the researcher to develop the study's themes and subthemes. However,
it should be noted that data gathering is necessary for the research to be legitimate and useful for
literature reviews in the near future. This would specifically enable one to observe the
applicability of the theories advanced by various schools of thought regarding democracy and the
voting system. Consequently, the data that the researcher will gather will be presented in the
following chapter. The researcher provided a thorough introduction to the literature review so
that readers could fully understand previous research on the topic and identify any gaps that
needed to be filled. Consequently, the data that the researcher will gather will be presented in the
following chapter.

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