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Government's
proposed amendments to the Electoral Act
December 08, 2001
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NOTICE OF AMENDMENT
General
Laws Amendment Bill, 2001 (H.B. 16, 2001)
New Clause
inserted after Clause 2
By the Minister
of Justice, Legal and Parliamentary Affairs
After clause 2 ending
on line 15 on page 3 of the Bill, insert the following clause, the subsequent
clauses being renumbered accordingly—
"3 Amendment
of Cap. 2:01
The Electoral Act
[Chapter 2:01] is amended—
(a) in section 2
by the insertion in subsection (1) of the following definitions—
""Commission"
means the Electoral Supervisory Commission appointed in terms of
section 61 of the Constitution;
"counting
centre" means any place notified by a constituency registrar
in terms of section 73 as a place where the counting of votes
will take place;
"electoral
officer" means the Registrar-General, a constituency registrar,
presiding officer, polling officer or counting officer;
"monitor"
means a person appointed and accredited as a monitor in terms of
section 14B;
"observer"
means a person accredited as an observer in terms of section 4A;";
(b) by the
insertion after section 4 of the following section—
"4A Functions
of Election Directorate regarding observers
(1) In this
section—
"observe",
in relation to any election, means, subject to such conditions as
may be prescribed—
(a) observe
the conduct of the polling at the election; and
(b) be present
at the verification of statements of presiding officers and the
counting of votes cast at the election in terms of sections 72
and 73; and
(c) bring
any irregularity or apparent irregularity in the conduct of the
poll or the counting of the votes to the attention of the constituency
registrar.
(2) The Election
Directorate shall, for the purpose of subsection (5), establish
a committee, called "the Observers’ Accreditation Committee",
consisting of—
(a) the chairman
of the Election Directorate; and
(b) the Registrar-General;
and
(c) two persons
nominated by the Minister; and
(d) a person
nominated by the Minister responsible for foreign affairs.
(3) A decision
of the Observers’ Accreditation Committee shall, unless the Election
Directorate amends or rescinds the decision, be deemed to be a decision
of the Election Directorate.
(4) Each member
of the Observers’ Accreditation Committee may appoint a person as
an alternate member of the Committee, and any such alternate member
may act as a member during any period that a substantive member is
unable to exercise his functions.
(5) The function
of the Observers’ Accreditation Committee shall be to accredit as
observers—
(a) individuals
representing foreign countries or international or regional organisations
that have been invited by the Minister responsible for foreign affairs
to observe any election; and
(b) individuals
representing bodies in the region that exercise functions similar
to those of the Commission and that have been invited by the Commission
to observe any election; and
(c) eminent
persons from outside Zimbabwe who have been invited by the Minister
responsible for foreign affairs to observe any election; and
(d) eminent
persons from within Zimbabwe who have been invited by the Minister
to observe any election; and
(e) individuals
representing local organisations that have been invited by the Minister
to observe any election.
(6) No individual,
other than an election agent, polling agent or monitor, may observe
any election, or be permitted to enter and remain at any polling station
or counting centre as an observer, unless such person is accredited
by the Observers’ Accreditation Committee before the commencement
of the poll as an observer, for which purpose such individual shall—
(a) report
to the Committee at the time and place notified by the Committee;
and
(b) furnish
the Committee with proof of the appropriate invitation referred
to in paragraph (a), (b) or (c) of subsection (5); and
(c) be furnished
with a copy of, or made aware of the contents of, the code of conduct
prescribed in the Schedule; and
(d) pay the
prescribed accreditation fee.
(7) Upon satisfaction
of the requirements of subsection (6) the Observers’ Accreditation
Committee shall issue the individual concerned with an accreditation
certificate confirming that the applicable requirements have been
satisfied by that individual and specifying the period during which
such individual is accredited as an observer.
(8) Every observer
shall exhibit his accreditation certificate to any electoral officer
who demands to see it.
(9) Not more
than three observers comprising individuals invited by the authorities
referred to in paragraphs (a), (b), (c), (d) and (e) of subsection (5)
shall be permitted—
(a) to enter
or remain at any polling station;
(b) to be
present for the counting of votes at a counting centre.";
(c) in section 6
by the repeal of the definition of "Commission";
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