Women’s Coalition of Zimbabwe (WCoZ) Demands Respect in Electoral Procedures

The Women’s Coalition of Zimbabwe (WCoZ), an apolitical, nationwide network committed to championing women’s rights, has publicly urged the Zimbabwe Election Commission (ZEC) to respect and uphold the Constitution of Zimbabwe. They emphasized the necessity of maintaining the due process surrounding the forthcoming 2023 general elections administration. This call comes in light of the WCoZ’s growing anxiety regarding recent amendments to the Constitution, which they believe to be unconstitutional.

One significant area of concern involves Statutory Instrument 114 of 2023, otherwise known as the Statute Law Compilation and Revision (Correction of Constitution of Zimbabwe Amendment (No 2) Act, 2021) Notice 2023. The WCoZ takes issue with this amendment, stating it’s not only in violation of the Constitution but also negatively impacts women’s rights, the rights of voters, and the general public.

WCoZ argues that the substitution of “persons” for “women” in SI 114 of 2023 is not a mere correction but a fundamental alteration to the provisions of Amendment 2 of 2021. They assert that such modifications have effectively and inappropriately amended the Constitution. They emphasize that any constitutional alterations must strictly follow the standard procedures outlined in section 328 of the Constitution. This procedure has been disregarded by the ZEC, leading to an unconstitutional amendment through a statutory instrument.

Furthermore, WCoZ highlights that Section 157(5) of the Constitution clearly states that changes to electoral laws or any other related laws cannot be effected once an election is announced. They argue that the amendments introduced via SI 114 of 2023 are legally void for the upcoming election.

Further fanning the flames of discontent, WCoZ criticized a press statement issued by ZEC on 21 June 2023, offering procedural and administrative directives to Nomination Court officers and political parties on the establishment of provincial and metropolitan council party lists. The coalition insists that such administrative instructions, based on secondary regulations to adjust the Constitution, are unconstitutional.

Expressing their deep concern, WCoZ asserts that these last-minute, unprocedural alterations to the Constitution, performed without public scrutiny and outside the due process of section 328, undermine the democracy and the integrity of public institutions. They strongly emphasized that Zimbabwe cannot have its public institutions operating unconstitutionally while a Constitution is in place.

The coalition underlines that Section 268 of the Constitution mandates that party lists for Provincial and Metropolitan Councils should include 10 women. Women’s Coalition of Zimbabwe firmly believes that this provision, born from an inclusive and informed process aimed at combatting the gross underrepresentation of women, promotes gender equality in Zimbabwe. Therefore, they view the recent actions taken by various government bodies as regressive concerning women’s representation.

In the wake of these transgressions, the WCoZ, expressing its collective outrage, reminds the ZEC and all stakeholders that the Constitution of Zimbabwe is the nation’s supreme law and should be respected and upheld accordingly. They pointed out that the integrity of a country’s democracy and freedom hinges on respect for the Constitution, and it should not be tampered with lightly.

Women’s Coalition of Zimbabwe appeals to the Zimbabwe Gender Commission to take immediate action in ensuring that women’s rights are upheld throughout the Nomination Court process and all election stages, without any gender-based discrimination. Additionally, they urge the Parliament of Zimbabwe to perform its constitutional duty as outlined in section 119(2) by safeguarding and promoting the Constitution of Zimbabwe.