ELECTION NOTE: IMPLEMENTATION OF THE YOUTH QUOTA
7 June 2023
The Election Resource Centre takes note of concerns around the implementation of the “Youth and Women’s Quota” following the proclamation of the 2023 election date. The proclamation stopped all proposed amendments including provisions relating to the “Youth and Women Quota” envisioned in the Electoral Amendment Bill in line with section 157 of the Constitution. The amendment had proposed changes to the Eighth Schedule to the Electoral Act [Chapter. 2:13] in relation to “quota” in the National Assembly and “women’s quota” in the Local Authority.
In light of this the ERC would like to clarify the following issues:
YOUTH QUOTA
Legality
Section 124 (1)(c) of the Constitution gives life to the legal existence of the “Youth Quota” as part of the composition of the National Assembly, as it is already in effect. Section 124 in its entirety states that the National Assembly shall consist of two hundred and ten members elected by secret ballot, an additional sixty women members, six from each of the provinces elected under a party-list system of proportional representation and;
“a further additional ten youth members, that is, persons aged from twenty-one to thirty five years of age, one from each of the provinces into which Zimbabwe is divided, elected under a party-list system of proportional representation”
The provision giving rise to the “youth quota” does not require subsidiary legislation to be made to give effect to its implementation. The constitutional provision does not stipulate an Act of Parliament or statute law for its realisation. The provision is self empowering.
Calculation of the Youth Quota
The calculation of the youth quota is stated plainly in the Constitution in section 124 (1) (c)(i) & (ii) where it states that the “Youth Quota” will be calculated;
- – based on the votes cast for candidates representing political parties in a general election for constituency members in the provinces”
- – in which male and female candidates are listed alternately.
Notwithstanding the Electoral Amendment Bill failing to pass in Parliament in time to be law ahead of the 2023 Harmonised Election, the Constitution is in effect and the youth quota should be implemented on the basis of section 124 of the Constitution. The proposed Electoral Amendment Bill could not take away from the dictates and supremacy of the Constitution. The amendment relating to the youth would merely reaffirmed what is in the Constitution, which is that when calculating the “Youth Quota” the Electoral Commission must calculate using the votes cast for candidates representing political parties in a general election for constituency members in the provinces, to apportion the youth quota seat for that province. In other words, with only one seat available per province, the youth quota seat goes to the political party which obtains the highest number of votes in the province.
Therefore, while the Electoral Amendment Bill was not gazetted into law, this should not legally impact on the Electoral Commission ability to implement the “Youth Quota ” for the 2023 Harmonised Election.
NATIONAL ASSEMBLY – WOMEN’S QUOTA
The ERC notes that section 124 (1)(b) of the Constitution extended the Women’s Quota in the National Assembly by a further two terms (2023 and 2028 elections). Therefore, the same principles used for the 2013 and 2018 elections found in the Eighth Schedule of the Electoral Act will apply for the 2023 Harmonised Election.
LOCAL AUTHORITY – WOMEN’S QUOTA
The ERC notes that section 277 (4) of the Constitution establishes a 30% women quota of the total members of the local council. The provision further prescribes that an Act of Parliament may provide for the election. While the provision is not peremptory, there is no constitutional or statutory provision that dictates how the quota system should be calculated to ensure legal compliance.
For comments and further details
Contact the following:
The Chairperson: +263772432646
The Executive Director: +263773963785 Email: information@erczim.org
