Abstract

Zimbabwe's 2013 elections were tainted with illegality. This article focuses on two constitutional issues: the election date controversy and the use of the Presidential Powers (Temporary) Measures Act to effect amendments to the Electoral Act. It is argued that the language of the Constitution was not followed. An artificial interpretation of the relevant constitutional provisions undermined the rule of law and the separation of powers. This is disturbing, since the meaning of the constitutional provisions concerned is not obscure. The article also describes some of the 'structures' under which the election was conducted. The powers and composition of the Zimbabwe Electoral Commission, the impact of proportional representation on the legislature and the rules governing the election of the president are therefore outlined and explained.

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