The Constitution is amended by the insertion of the following Chapter after Chapter XA--

100B | Establishment and composition of Zimbabwe Electoral Commission

1. There is a Zimbabwe Electoral Commission consisting of--
   1. a chairperson appointed by the President after consultation with the Judicial Service Commission and the Committee on Standing Rules and Orders; and
   2. eight other members appointed by the President from a list of not fewer than twelve nominees submitted by the Committee on Standing Rules andOrders.
2. The chairperson of the Zimbabwean Electoral Commission must be a judge or former judge of the Supreme Court or the High Court, or a person qualified for appointment as such a judge.
3. At least four members of the Zimbabwean Electoral Commission, apart from the chairperson, must be women.
4.  Persons appointed to the Zimbabwean Electoral Commission must be chosen for their integrity and their experience and competence in the conduct of affairs in the public or private sector.
5. Members of the Zimbabwean Electoral Commission must be appointed for a term of six years, and their appointment may be renewed for one further termonly.

100C | Functions and powers of Zimbabwe Electoral Commission

1. The Zimbabwe Electoral Commission has the following functions--
   1. to prepare for, conduct and supervise--
      1. elections to the office of President and to Parliament; and
      2. elections to the governing bodies of local authorities; and
      3. referendums;and to ensure that those elections and referendums are conducted efficiently, freely, fairly, transparently and in accordance with the law;
   2. to supervise the registration of voters by the authority charged with that responsibility under the Electoral Law; and
   3. to compile voters’ rolls and registers; and
   4. to ensure the proper custody and maintenance of voters’ rolls and registers; and
   5. to design, print and distribute ballot papers, approve the form of and procure ballot boxes, and establish and operate polling centres; and
   6. to determine, subject to section 100J, limits of boundaries of local authority wards, House of Assembly constituencies and Senatorial constituencies; and
   7. to conduct voter education; and
   8. to accredit observers of elections and referendums in accordance with an Act of Parliament; and
   9. to give instructions to persons in the employment of the State or of a local authority for the purpose of ensuring the efficient, proper, free and fair conduct of any election or referendum; and
   10. to exercise any other functions that may be conferred or imposed on theCommission by the Electoral Law or any other law.

100D | Disqualification for appointment to Zimbabwe Electoral Commission

A person who is–

1. a Member of Parliament;
2. a public officer, other than a judge; or
3. a member or employee of a statutory body, a Provincial council or a local authority; is not qualified for appointment to the Zimbabwe Electoral Commission.

100E | Members of Zimbabwe Electoral Commission not to be members of political parties

1. Persons who are members of a political party on their appointment to the Zimbabwe Electoral Commission must relinquish that membership without delay and in any event within fourteen days of their appointment.
2. If a member of the Zimbabwe Electoral Commission becomes a member of a political party, he or she ceases immediately to be a member of the Commission.

100F | Remuneration, allowances and benefits of members of Zimbabwe Electoral Commission

Members of the Zimbabwe Electoral Commission are entitled to such remuneration, allowances and other benefits as may be fixed ny or under an Act of Parliament.

100G | Removal of member of Zimbabwe Electoral Commission from office

A member of the Zimbabwe Electoral Commission may be removed from office by the President, in the case of the chairperson, with the approval of the Judicial Service Commission and the Committee on Standing Rules and Orders and, in the case of other members, with the approval of the Committee on Standing Rules and Orders--

1.  
   1. for inability to exercise the functions of his or her office arising out of physical or mental incapacity;  or
   2. for misconduct;  or
   3. for incompetence;  or
   4. if he or she becomes disqualified for appointment to the Commission

100H | Provisions to ensure independence of Zimbabwe Electoral Commission

The State must make adequate and suitable provision, through legislation and other appropriate means, to ensure that--

1.  
   1. the Zimbabwe Electoral Commission is able to exercise its functions under the Constitution efficiently and independently; and
   2. the Zimbabwe Electoral Commission’s staff carry out their duties conscientiously, fairly and impartially.

100I | Reports of Zimbabwe Electoral Commission

In addition to any other report the Zimbabwe Electoral Commission is required to make under this Constitution or any other law, the Commission must without delay submit a report to Parliament on the conduct of every presidential,parliamentary, provincial council and local authority election and every referendum.

100J | Delimitation of wards and constituencies

1. The Zimbabwe Electoral Commission shall, no later than the date notified to it by the President, being a date no later than three months before the date fixed or to be fixed by a proclamation as the date on which Parliament is dissolved undersection 63(7) or, as the case may be, the date of the dissolution of Parliament undersection 63(4), determine, in accordance with subsections (2) to (7), the limits of the wards and constituencies into which Zimbabwe is to be divided for the purpose of electing members of the governing bodies of local authorities and members of Parliament respectively:Provided that the Commission shall produce a preliminary report in terms of subsection (8) no later than one month before the date fixed or to be fixed by a proclamation as the date on which Parliament is dissolved under section 63(7) or, as the case may be, the date of the dissolution of Parliament under section 63(4).
2. For the purpose of the election of members of the governing bodies of local authorities, local authority areas shall be divided into such number of wards as the Commission shall determine.
3. Zimbabwe shall, for the purpose of the election of members of Parliament,be divided into two hundred and ten House of Assembly constituencies and sixty senatorial constituencies.
4. Subject to subsections (5) and (6), the boundaries of the House of Assembly constituencies shall be such that at the time of delimitation the number of voters registered in each House of Assembly constituency is as nearly as may be equal to the number of voters registered in each of the other House of Assembly constituencies.
5.  In delimiting—
   1. the boundaries of wards, the Commission shall ensure that no ward is divided between two or more local authority areas; and
   2. the House of Assembly constituencies, the Commission shall ensure that no ward is divided between two or more House of Assembly constituencies.
6. In dividing Zimbabwe into wards and House of Assembly constituencies the Zimbabwe Electoral Commission shall, in respect of any area, give due consideration to—
   1. its physical features;
   2. the means of communication within the area;
   3. the geographical distribution of registered voters;
   4. any community of interest as between registered voters; and
   5. in the case of any delimitation after the first delimitation consequent upon an alteration in the number of House of Assembly constituencies, existing electoral boundaries; and whenever it appears necessary to do so in order to give effect to the provisions of this subsection in relation to House of Assembly constituencies, the Commission may depart from the requirements of subsection (4), but in no case to any greater extent than twenty per centum more or less than the average number of registered voters in House of Assembly constituencies.
7. After delimiting the wards and House of Assembly constituencies, the Commission shall divide each province into six senatorial constituencies by assigning to each senatorial constituency a House of Assembly constituency or two or more contiguous House of Assembly constituencies, and in so doing the Commission may be guided but not bound by any principle or consideration specified in subsections (4) and (6).
8. The Zimbabwe Electoral Commission shall submit to the President a preliminary report comprising—
   1. a list of wards and House of Assembly constituencies delimited by the Commission, with the names assigned to each and a description of their boundaries;
   2. a list of senatorial constituencies delimited by the Commission, with the names assigned to each and a description of their boundaries;
   3. a map or maps showing the wards and House of Assembly and senatorial constituencies into which Zimbabwe has been divided by the Commission; and
   4. any further information or particulars which the Commission considers necessary;and the President shall cause the report to be laid before Parliament within the next seven days after he has received it.
9.  No earlier than seven days after the President has caused the preliminary report of the Zimbabwe Electoral Commission to be laid before Parliament in terms of subsection (8), the President may refer back to the Commission for its further consideration and final decision any matter arising out of its report.
10. If there appears to be any discrepancy between the description of the boundaries of any ward or House of Assembly constituency and the map or maps, the description shall prevail.
11. Within fourteen days after receiving the Zimbabwe Electoral Commission’s final report the President shall publish a proclamation in the Gazette declaring the names and boundaries of the wards and the House of Assembly and senatorial constituencies as finally determined by the Commission to be the wards and House of Assembly and senatorial constituencies of Zimbabwe, and those boundaries shall have effect for the purposes of the next and any subsequent general election.