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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) - continued
(d) by the insertion
after section 14A of the following sections—
"14B Functions
of Commission regarding monitors
(1) In this section
—
"monitor",
in relation to any election, means, subject to such conditions as may
be prescribed—
(a) monitor
the conduct of the polling at any polling station or counting centre
for the purpose of detecting any irregularity in the conduct of the
poll or the counting of the votes; 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 presiding officer
or constituency registrar and request that appropriate corrective
action to redress that irregularity, if any, is taken; and
(d) report
on any irregularity or apparent irregularity in the conduct of the
poll or the counting of the votes to the Commission and on any corrective
measures taken to redress the irregularity by the presiding officer
or constituency registrar.
(2) The Commission
shall appoint and deploy in each polling station members of the Public
Service to act as monitors.
(3) The Commission
shall forthwith inform the Registrar-General in writing of the names
of the monitors it has appointed in terms of this section.
(4) No individual
may monitor any election, or be permitted to enter and remain at any
polling station or counting centre as a monitor, unless such person
is accredited by the Registrar-General before the commencement of the
poll as a monitor, for which purpose such individual shall–
(a) report
to the Registrar-General at the time and place notified by the Registrar-General;
and
(b) furnish
the Registrar-General with proof of appointment as a monitor in terms
of subsection (2); 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) if so required
by the Registrar-General, attend a course on electoral law and procedure,
approved or provided by the Registrar-General.
(5) Upon satisfaction
of the requirements of subsection (4) the Registrar-General 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 a monitor.
(6) Every monitor
shall exhibit his accreditation certificate to any electoral officer
who demands to see it.
(7) Not more
than four monitors 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.
14C Functions
of Commission regarding voter education
(1) In this section
—
"foreign
donation or contribution" means a donation or contribution
made by—
(a) a person
who is not a permanent resident or citizen of Zimbabwe domiciled in
Zimbabwe; or
(b) a company
which is not incorporated in Zimbabwe or, if so incorporated, does
not carry on business in Zimbabwe; or
(c) any association
of persons, whether incorporated or unincorporated, that does not
consist exclusively of permanent residents or citizens of Zimbabwe,
domiciled in Zimbabwe;
"local donation
or contribution" means a donation or contribution that is not
a foreign donation or contribution;
"voter education"
means any course or programme of instruction on electoral law and procedure
aimed at voters generally and not offered as part of a course in law,
civics or other subject for students at an educational institution;
"voter education
materials" means printed, aural, visual or audio-visual materials
intended for use in voter education.
(2) It shall
be one of the functions of the Commission to provide voter education
for the purpose of any election.
(3) The Commission
may appoint any person to assist it in providing voter education.
(4) No person
other than the Commission or a person appointed in terms of subsection (3),
a political party, or person registered in terms of this section shall
provide voter education.
(5) No foreign
contribution or donation for the purposes of voter education shall be
made except to the Commission, which may allocate such contribution
or donation to any person registered in terms of this section.
(6) Any person
who provides voter education in contravention of subsection (4)
or receives any contribution or donation in contravention of subsection (5)
shall be guilty of an offence and liable to a fine not exceeding $10,000
or to imprisonment for a period not exceeding six months or to both
such fine and such imprisonment.
(7) The Commission
shall produce its own voter education materials or course or programme
of instruction for use in voter education.
(8) No person
shall be qualified to be registered in terms of this section, or continue
to be so registered, unless—
(a) such person
is a citizen or permanent resident of Zimbabwe domiciled in Zimbabwe,
or an association of persons, whether incorporated or unincorporated,
consisting exclusively of citizens or permanent residents of Zimbabwe,
domiciled in Zimbabwe; and
(b) in the
case of a private voluntary organisation registered in terms of the
Private Voluntary Organisations Act [Chapter 17:05], the
constitution of such organisation specifically mandates it to provide
voter education; and
(c) in the
case of a lawfully constituted trust, whether or not registered in
terms of any law, the deed of trust specifically mandates it to provide
voter education; and
(d) such person
uses voter education materials furnished or approved by the Commission
and employs individuals who are citizens or permanent residents of
Zimbabwe to conduct any voter education; and
(e) such person
conducts voter education in accordance with a course or programme
of instruction furnished or approved by the Commission; and
(f) the proposed
voter education activities of such person are, subject to subsection (5),
funded solely by local contributions or donations; and
(g) no fee
or charge is levied for the provision of voter education or voter
education materials.
(9) A person
proposing to be registered in terms of this section shall apply in the
prescribed manner and—
(a) satisfy
the Commission that it is not disqualified in terms of paragraph (a),
(b), (c) or (f) of subsection (8); and
(b) furnish
the Commission with copies of all the voter education materials proposed
to be used and particulars of the course or programme of instruction
in accordance with which the voter education will be conducted; and
(c) furnish
the Commission with all the names, addresses, citizenship or residence
status and qualifications of the individuals who will conduct voter
education; and
(d) disclose
the manner and sources of funding of its proposed voter education
activities; and
(e) pay the
prescribed registration fee, if any.
(10) On receipt
of an application in terms of subsection (9), the Commission shall,
if it is satisfied that the applicant is not disqualified in terms of
subsection (6) and that the voter education materials proposed
to be used by the applicant and the course or programme of instruction
in accordance with which the voter education will be conducted are adequate
and not misleading or biased in favour of any political party, register
the applicant.
(11) If the Commission
is not satisfied as to any matter referred to in subsection (10),
it shall reject the application and forthwith notify the applicant giving
the reasons for its decision.
(12) Any person
aggrieved by a decision of the Commission in terms of subsection (9)
shall have a right of appeal to the High Court from that decision.";
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