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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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