Zimbabwe Electoral Commission (ZEC) Legal Advisor, Tawanda Kanengoni, has called for reforms in the country’s electoral law, citing the need for more precise legislation to reduce the high number of legal disputes that arise during elections.
Speaking at a recent event, Kanengoni argued that gaps in the existing electoral law create uncertainties that lead to frequent litigation. He noted that many areas of electoral law are not legislated with the necessary precision, resulting in ambiguity and misinterpretation by both electoral management bodies and litigants.
“The thing that makes electoral law so contentious is that many areas are not legislated in precision. There are gaps that the law never anticipated, leaving room for conjecture,” Kanengoni said.
He highlighted that clearer legislation, similar to the approach taken by legal scholar Frank Tripp, could eliminate much of the current legal gray areas. “If the law could move from assumptions and bring in mathematical precision, many of the disputes would disappear,” he said, suggesting that a more defined framework would prevent unnecessary court cases.
Kanengoni added that a more structured electoral law would reduce litigation by as much as 50%. “If people know exactly what the law says and what the outcome will be in all circumstances, there would be no room for disputes,” he noted.
The legal expert also compared the 2023 election disputes to previous elections, saying the volume of litigation was rivaled only by the contentious 2008 elections.
