President Emmerson Mnangagwa’s spokesperson George Charamba said that the Final Delimitation Report by the Zimbabwe Electoral Commission (ZEC) is not yet submitted.
Charamba told <a href="https://www.sundaymail.co.zw/final-delimitation-report-not-yet-submitted">The Sunday Mail</a> that the President on Friday received an amended preliminary delimitation report from ZEC chairperson Priscilla Chigumba which is expected to capture Parliamentary and Presidential recommendations and submissions. He said:
<blockquote>
Following the submission of the preliminary report by the ZEC (Zimbabwe Electoral Commission), that action put in train two sets of reactions: One from Parliament (of Zimbabwe) and another one from His Excellency, the President. Both these are by way of feedback to ZEC’s preliminary delimitation report.
Both sets of reactions were given to ZEC, and the first to do so was the Parliament of Zimbabwe, through the President, as required by the Constitution.
Then the President later sent his own response to the preliminary delimitation report.
Out of those two responses, ZEC then produced a draft preliminary report with the new amendments, which means amendments from Parliament and amendments noted by the President.
What the chairlady of ZEC (Justice Priscilla Chigumba) gave the President (on Friday) was the preliminary report, as amended by the reactions from both Parliament and from the President.
The President, in turn, will go through that preliminary report, as amended. Depending on how he views it, he will then give ZEC his final comment on that draft preliminary report, as amended.
Those would be his final comments on the matter, and ZEC will exercise its Constitutional right to either take them into account or to discard them because the Constitution gives ZEC the final say on the compilation of what then becomes the final delimitation report.
So, the final delimitation report is then what will be given to the President for gazetting.
</blockquote>

Pindula News

ZEC's Final Delimitation Report Not Yet Submitted - Charamba

The Permanent secretary in the Ministry of Information, Publicity and Broadcasting Service, Nick Mangwana, said the Zimbabwe Electoral Commission (ZEC) has not yet submitted its final Delimitation Report to President Emmerson Mnangagwa.
This comes after reports claimed on Friday that ZEC chairperson Priscilla Chigumba had submitted the Final Delimitation Report to the President at State House.
In a post on Twitter, Mangwana said the information is incorrect and that the nation will be informed when the report is handed over to Mnangagwa. <a href="https://twitter.com/nickmangwana/status/1621511408423960576">Said Mangwana</a>:
<blockquote>
We have noted a number of social media reports to the effect that the Final Delimitation Report has been presented to HE the President. The Final Report has NOT yet been presented to His Excellency.
When that happens the public will be informed. Thank you.
</blockquote>
<a href="https://www.herald.co.zw/zec-hands-over-revised-report-to-president/">The Herald</a> reports that Chigumba was at State House on Friday morning to deliver to Mnangagwa the draft of the final report on the delimitation of constituency and ward boundaries which takes note of concerns that he and Parliament raised.
Chigumba said the draft report, which the President will now go through, could be gazetted in the next 14 days.
She was cited as saying she is confident that the President will approve the revised delimitation report as it captured the concerns that were raised by stakeholders including Parliament.

Mangwana Says ZEC's Draft Of The Final Delimitation Report Is Not Final

Seven Zimbabwe Electoral Commission (ZEC) commissioners, who refused to append their signatures to the preliminary delimitation report are reportedly being sidelined by ZEC chairperson, Justice Priscilla Chigumba.
The seven commissioners are <a href="https://www.pindula.co.zw/Rosewita_Marutare">Rosewita Murutare</a>, <a href="https://www.pindula.co.zw/Kudzai_Shava">Kudzai Shava</a>, <a href="https://www.pindula.co.zw/Janet_Mbetu_Nzvenga">Jane Mbetu-Nzvenga</a>, <a href="https://www.pindula.co.zw/Shepherd_Manhivi">Shepherd Manhivi</a>, <a href="https://www.pindula.co.zw/Abigail_Millicent_Mohadi_Ambrose">Abigail Mohadi</a>, <a href="https://www.pindula.co.zw/Jasper_Mangwana">Jasper Mangwana</a>, and <a href="https://www.pindula.co.zw/Catherine_Mpofu">Catherine Mpofu</a>.
They wrote to President Emmerson Mnangagwa and Parliament accusing Chigumba and her deputy, Rodney Simukai Kiwa of not consulting them in crafting the report, resulting in them disowning the whole process.
NewsDay reported sources as saying the seven commissioners had hoped that Mnangagwa and Parliament would reject the report without making any recommendations.
However, both the President and Parliament made some recommendations. Said a NewsDay source:
<blockquote>
Chigumba is well-versed in the process since she is a judge. She was not disturbed by their move to discredit her.
Commissioners such as Manhivi, who is a registered legal practitioner with a law degree, and holds other two additional degrees in administration and international relations; and Mpofu, who is a language, communications specialist and peace practitioner and have experience working with the public, media and civil society from the legislative arm of the State, should be taking a leading role in the report, but have not been consulted.
It’s not happening, they are just redundant now.
</blockquote>
Mangwana said his hands were tied to comment on the issue, adding: “Please talk to ZEC chief executive officer Utloile Silaigwana.”
Silaigwana asked NewsDay to send questions in writing, but he had not responded to them by the time of going to print.
Chigumba is now said to be relying more on the ZEC secretariat to finish the recommendations within the timeframe provided by the Constitution. | <a href="https://www.newsday.co.zw/local-news/article/200006792/zec-chair-guns-for-rogue-commissioners">NewsDay</a>

Chigumba Sidelines Seven "Rogue" Commissioners

The Zimbabwe Electoral Commission (ZEC), says it will consider all the recommendations and concerns raised by Parliament before crafting the final delimitation report which should be ready by mid-February in line with Constitutional provisions.
Speaking at State House last week after receiving from President Emmerson Mnangagwa Parliament’s report on the preliminary delimitation report, Chigumba said:
<blockquote>
The President called us today for him to formally hand over the report approved by Parliament which was written by the ad-hoc committee which was formed by Parliament.
We have received the report and we have assured him that we will have a look at all of the recommendations and concerns which were raised by Parliament.
In terms of the way forward, we are still to receive corrections from the President himself which we anticipate he will do in the course of next week, and thereafter, we will gather as a commission and look at all of the recommendations holistically and look at those we can accede to and those we cannot accede to and we will compile our report for His Excellency where we will state our reasons for acceding to certain recommendations and perhaps not acceding to some.
</blockquote>
The Parliamentary ad-hoc committee made several recommendations that it wants ZEC to address. Some of the recommendations are:
<ul>
<li>ZEC should take into account the entire population as shown in the census, not just the adult population because wards serve other purposes apart from elections.</li>
<li>ZEC should revisit boundaries where it did not take into account community interests between voters.</li>
<li>ZEC should ensure that there is an equal number of voters in constituencies and wards, with variations limited to 20% as required by section 161 of the Constitution.</li>
<li>ZEC should apply consistent principles when transferring voters from constituencies and wards with large numbers of voters to those with fewer.</li>
</ul>

ZEC Says It Will Address MPs' Delimitation Concerns

Members of Parliament have demanded that the preliminary delimitation report by the Zimbabwe Electoral Commission (ZEC) should be returned to the electoral body for amendments.
The delimitation report has been analysed by Parliament’s ad-hoc committee and is now before the National Assembly where it is being further scrutinised and debated.
Some of the recommendations made by the Parliamentary ad-hoc committee are as follows:
<ul>
<li>ZEC should take into account the entire population as shown in the census, not just the adult population because wards serve other purposes apart from elections.</li>
<li>ZEC should revisit boundaries where it did not take into account community interests between voters.</li>
<li>ZEC should ensure that there is an equal number of voters in constituencies and wards, with variations limited to 20% as required by section 161 of the Constitution.</li>
<li>ZEC should apply consistent principles when transferring voters from constituencies and wards with large numbers of voters to those with fewer.</li>
</ul>
During the debate of the ZEC report in the National Assembly on Tuesday, 17 January, Binga North legislator Prince Dubeko Sibanda (CCC) said:
<blockquote>
The report is not a good one as some of the observations that were made by the ad hoc committee included that ZEC did not consider the census report, which is able to indicate the national migration of citizens.
Therefore, in the absence of the census report, it is very difficult to validate some of the findings; for example, Bulawayo province.
When a census report is available, it becomes easy to compare the movement of citizens between areas.
</blockquote>
Harare East legislator Tendai Biti (CCC) said ZEC failed to produce a copy of the voters’ roll and to consult citizens during the delimitation exercise. He said:
<blockquote>
The test of whether ZEC did a good job was going to be measured on three issues, which include procedure when they were making the report, whether they followed the law, and whether the report is loyal to principles defined in section 161 of the Constitution.
The three scores show that ZEC failed to consider the final report of the census, and there is a co-relationship between the task of delimitation and the population.
When you look at the ZEC report, there is no marriage and there is no connection between the report and the population.
ZEC failed to produce a copy of the voters’ roll and we are just told without validation that the total number of voters is this and that, and yet the actual voters’ roll has not been given.
ZEC failed to consult citizens and it failed procedural issues.
</blockquote>
Buhera South MP Joseph Chinotimba (ZANU PF) said “This time ZEC has failed its duties”.
Makoni North MP James Munetsi (ZANU PF), said ZEC ignored statistics and “did the report from what they know” and as a result, cannot be trusted to run an election.
After both the National Assembly and Senate debate the ZEC delimitation report, their findings and recommendations will be presented to President Emmerson Mnangagwa on Thursday. | <a href="https://www.newsday.co.zw/local-news/article/200006275/mps-poke-holes-on-delimitation-report">NewsDay</a>

MPs Condemn ZEC's Preliminary Delimitation Report

Former Zimbabwe Electoral Commission (ZEC) commissioner Qhubani Moyo has said there is no law stating that the commissioners’ decisions should be unanimous.
Moyo made the remarks following reports that seven ZEC commissioners disowned a preliminary delimitation report tabled in Parliament on Friday last week saying it is flawed.
The commissioners allegedly wrote to President Emmerson Mnangagwa advising him to “put aside” the report and that elections should be held using old boundaries from the last delimitation exercise in 2008.
However, in his analysis posted on Facebook, Moyo said ZEC chairperson Priscilla Chigumba has the power to override decisions by the other commissioners. Wrote Moyo:
<blockquote>
The independence of ZEC is well provided for in the Constitution of Zimbabwe and no State organ should or can interfere with its processes and mandate.
In the case of delimitation processes Parliament can give an opinion that ZEC may choose to take on board or reject.
ZEC is not bound to follow such an opinion as it is not prescriptive, but persuasive except where it is a breach of the Constitution.
The chairperson of the commission, whose appointment process is different from the rest of the commissioners, is the official communicator for the commission and there are no provisions that decisions of the commission should be majoritarian.
In the event of unreasonable sustained debates over issues that are bound to create a national crisis, the chairperson and chief elections officer are eligible candidates to make pronouncements in the best national interest.
</blockquote>
Moyo made reference to the Kenyan elections held last year where some commissioners disowned presidential results.
However, the country’s Supreme Court upheld the results.
Moyo added that it was unacceptable for ZEC commissioners to dissociate themselves from the outcome of a process that they were part of. He said:
<blockquote>
The decision by the seven ZEC commissioners to deny paternity of a delimitation report they “fathered” is professionally unacceptable and not in the best interests of the nation as they should not reject the outcomes of a process they were part of.
</blockquote>
ZEC is expected to produce a final delimitation report by 28 January.

Former ZEC Commissioner Speaks Out On Delimitation Report

Professor Arthur Mutambara has said the preliminary delimitation report is invalid and unconstitutional, therefore, the Zimbabwe Electoral Commission (ZEC) should redo the whole exercise.
The preliminary delimitation report was tabled in Parliament last week on Friday by Justice Legal and Parliamentary Affairs minister Ziyambi Ziyambi.
Ziyambi said the total number of registered voters was divided by 210 (the total number of constituencies) resulting in a national average of 27 640 voters per constituency.
He said they used the formula to determine voter population thresholds permissible in line with section 161(6) of the Constitution.
A percentage variance from the national average was then determined using a maximum registered voter threshold of 33 169 and a minimum of 22 112 voters.
Mutambara, who was Deputy Prime minister in the 2009-2013 Government of National Unity (GNU), argued that ZEC misinterpreted the Constitution. He said:
<blockquote>
The delimitation process has to be redone according to Section 161 (6) of the Constitution of Zimbabwe.
The current delimitation report is invalid since it is in violation of the current Constitution of Zimbabwe’s Section 161 (6).
Of course, in carrying out the delimitation exercise, there must be no mischievous intention to disadvantage or advantage any political players. There must be safeguards against such shenanigans.
The current Constitution of Zimbabwe’s Section 161 (6) looks similar but is different from Section 61A(6) of the old Lancaster House Constitution of Zimbabwe.
Section 161 (6) stipulates that the difference between the allowable minimum and maximum voters in a constituency should be less than 20%, whereas Section 61A (6) (Lancaster Constitution) stipulates that the difference should be less than 40% (ie 20% + 20%)
It is important to note that the old Lancaster provision 61A (6) is better phrased than the current provision 161 (6).
Section 161 (6) should have explicitly said 10% above or below the average number of voters allowable in a constituency.
</blockquote>
Members of Parliament last week requested the voters’ roll to enable them to critique the delimitation report. | <a href="https://www.newsday.co.zw/local-news/article/200006008/dump-rework-delimitation-mutambara">NewsDay</a>

Delimitation Process Has To Be Redone - Mutambara

<h2>Full statement by the Election Resource Centre Zimbabwe (ERCZ) on the Preliminary Delimitation report.</h2>
<blockquote>
On 26th December 2022, the Zimbabwe Electoral Commission took a significant step toward fair representation for all Zimbabwean voters by submitting the Preliminary Delimitation Report to the President of Zimbabwe.
The preliminary report presents the wards and constituencies as delimited by the Commission during the delimitation exercise.
While the report has generally resulted in a more equitable distribution of voters across the 210 constituencies in Zimbabwe, the ERC notes concerns raised by stakeholders on the report.
The main concern is the calculation of the allowable ‘variance’ for the number of registered voters per constituency and ward. 
The alleged erroneous methodology used to calculate the variance potentially discredits the delimitation process.
The underlying principle of the delimitation process is to ensure the equality of the vote. Hence, the ERC urges the Commission to address the concerns raised by stakeholders.
The failure to adequately address the issues raised may result in the final delimitation report being contested and thus affecting its use for the 2023 Harmonised Elections.
A return to the pre-existing 2007/2008 boundaries goes against the principles of the equality of the vote as the boundaries of the current constituencies and wards are grossly unequal.
Inclusivity and transparency in addressing the concerns raised will ensure the buy-in of all relevant stakeholders.
The Electoral Commission is expected to ensure maximum transparency of the procedures and their outcome.
This is vital to guarantee the credibility of the electoral process, secure the confidence of the voters and respect the aspirations of the Constitution.
Given the short time remaining for the delimitation report to be adopted for the 2023 Harmonised Election, ERC calls on all significant stakeholders, in particular the Electoral Commission, Parliament, and Political Parties, to step up, address the issues brought up, and carry out their mandates.
</blockquote>

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