guest column:Election Resource Centre THE Election Resource Centre (ERC) puts forward this legal opinion on the role of the Zimbabwe Electoral Commission (Zec) in filling vacancies that have arisen in party-list seats in the National Assembly. The opinion is an analysis of the current provisions of the Electoral Act and outlines the legal procedures for filling party-list vacancies. The legal opinion explains how Zec when faced by political party disputes ought to carry out a factual inquiry regarding the identity of the political party to which it sends a written invitation to submit nominations. The opinion highlights the legal duties of Zec in handling objections filed by the public and further explains the legal consequences when a political party or an objector is not satisfied by Zec’s decision in the filling of party-list vacancies. What are party-list seats? The purpose of this opinion is to analyse the role of the Zimbabwe Electoral Commission (Zec) in the procedures to fill vacancies that would have arisen in party-list seats in the National Assembly. Party-list seats are also commonly referred to as Proportional Representation and Senate seats. Members who occupy party-list seats are not directly elected by voters as is the case with constituency-based seats. Instead, they are selected from a list which is prepared by the political party. The number of party-list seats that a political party gets is directly proportional to the total number of votes that the political party wins per province. There are two types of party-list seats provided for in our Constitution. The first are the 60 seats in the National Assembly reserved for female candidates. Each of the ten provinces has 6 seats. The second lot consists of 60 seats in the Senate. The formula for allocating the seats on the basis of proportional representation is provided for in the Eighth Schedule of the Electoral Act. What is immediately apparent from this is that the political parties which are allocated party-list seats at an election remain fixed during the term of Parliament. They cannot be varied or changed without upsetting the formula. What is the legal procedure for filling party-list seats? The procedure for filling party-list seats is provided for under section 39 of the Electoral Act. Section 39(3) provides that once a vacancy occurs among party-list Members of Parliament during the term of Parliament, the President of the Senate or the Speaker of the National Assembly is required to notify Zec of the vacancy. This should be done in writing, as soon as the Speaker or President become aware of the vacancy. Upon receiving the notification, Zec is required in terms of section 39(4) to notify the public through a notice published in the Government Gazette. Zec must also invite the political party where the vacancy occurred to submit the name of a person who is qualified to fill the vacancy. It is important to note that Zec has no discretion on these issues. It has mandatory obligations to notify the public and to send an invitation to the pol