A reader asked FactCheckZW to check if the Zimbabwe Electoral Commission has announced the election dates yet.
The answer is that ZEC has not announced the actual polling dates yet but only a period in which the polling date should fall.
In an announcement, ZEC chairperson, Justice Priscilla Chigumba, said the elections will likely be held between 26 July and 24 August 2023.
Credit: Alamy stock photo
Who determines the dates?
General elections in Zimbabwe are held every five years (this can change if parliament is dissolved sooner). The election date is determined through the constitution with a 30 day leeway.
The five-year period begins when a new President assumes office after a general election, and the next general election must be not more than 30 days before that period ends five years later as set out in section 158 of the Constitution.
158. Timing of elections
1. A general election must be held so that polling takes place not more than–
a. thirty days before the expiry of the five-year period specified in section 143;
b. where Parliament has passed resolutions to dissolve in terms of section 143(2), ninety days after the passing of the last such resolution; or
c. where Parliament is dissolved in terms of section 109(4) or (5) following a vote of no confidence, ninety days after the dissolution.
2. General elections to local authorities must take place concurrently with presidential and parliamentary general elections.
3. Polling in by-elections to Parliament and local authorities must take place within ninety days after the vacancies occurred unless the vacancies occur within nine months before a general election is due to be held, in which event the vacancies may remain unfilled until the general election.
According to section 144(1) of the Constitution and section 38 of the Electoral Act, the dates are fixed by the President inline with the constitution.
The current presidential term began with the swearing in of President Emmerson Mnangagwa on 26 August 2018.
According to Veritas Zimbabwe, the 30 day timeline falls between 27 July and 26 August 2023.
The constitution states that:
336. References to time
1. In this Constitution, whenever a period of days is expressed–
a. to begin on or to be reckoned from a particular day, that day is not to be included in the period;
b. to end on or to be reckoned to a particular day, that day is to be included in the period.
Justice Priscilla Chigumba. Source: The Chronicle
Changes over the years
In Zimbabwe, the presidency, parliament and local authority councils have five year terms that run concurrently from the date of the presidential swearing in ceremony.
This means that even if parliamentary and council are timely concluded, the elected can not take up office until the presidential election is concluded and the president-elect sworn into office.
This explains how Zimbabwe moved from holding elections around March, to having them around mid-year.
In 2008, the general elections were conducted on 29 March. However, these failed to produce an outright winner in the presidential race. This led to a runoff election which was held on 27 June 2008, with the president being sworn in a couple days later on 29 June.
The next election was held on 29 July 2013. However, there was a court challenge to the presidential election result and the swearing in ceremony did not take place until 22 August 2013.
Using the constitutional formula, the next election had to take place within 30 days prior to 22 August and it was duly held on 30 July 2018.
Conclusion
The exact date for the 2023 election has not been set but ZEC has announced that it will likely fall between 26 July and 24 August 2023. According to Veritas Zimbabwe, the 30 day timeline is between 27 July and 26 August 2023, in accordance with constitutional timelines.
