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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

 

(e) in section—

(i) by the insertion before subsection (1) of the following subsection—

"(a1) In this section and section 21—

"proof of identity" means a passport, identity document issued in terms of section 7 of the National Registration Act [Chapter 10:17] or drivers licence issued in terms of the Road Traffic Act [Chapter 13:11];

"proof of qualification as a voter" means a passport or identity document issued in terms of section 7 of the National Registration Act [Chapter 10:17];

"proof of residence", in relation to a constituency, means proof by way of a receipt or demand for payment of any rate in terms of the Urban Councils Act [Chapter 29:15], rate or levy in terms Rural District Councils Act [Chapter 29:13], or charge for the provision of electricity, a bank statement or such other proof of residence as may be prescribed.";

(ii) by the insertion after subsection (3) of the following subsection—

"(4) The Registrar-General or any constituency registrar may demand from any voter who is registered on the voters roll for a constituency proof of identity, proof of qualification as a voter, proof of residence in that constituency or all or any combination of the foregoing.";

(f) in section 21 by the insertion after subsection (6) of the following subsection—

"(7) The Registrar-General or any constituency registrar may demand from any claimant proof of identity, proof of qualification as a voter, proof of residence in a constituency or all or any combination of the foregoing.";

(g) in section 26 by the repeal of subsection (3) and the substitution of—

"(3) If an objection in terms of subsection (1) is lodged and—

(a) the constituency registrar upholds the objection, he shall give written notice accordingly to—

(i) the voter who has objected and refund the whole of the sum deposited in terms of paragraph (c) of subsection (2) or, where the effect of upholding the objection is to strike the name of the person to whom the objection relates off the voters roll or to place it on another voters roll, refund half such sum; and

(ii) the person to whom the objection relates, where the effect of upholding the objection is to strike his name off the voters roll or to place it on another voters roll:

Provided that if the voter who has objected returns the sum to the constituency registrar accompanied by a written notice to the effect that he wishes the objection to be heard, or if the person to whom the objection relates gives the constituency registrar notice to the effect that he wishes the objection to be heard, paragraph (b) shall apply as if the constituency registrar did not uphold the objection;

(b) the constituency registrar does not uphold the objection, he shall—

(i) forthwith set down the objection for hearing before a designated magistrate of the province in which the person to whom the objection relates resides; and

(ii) the designated magistrate shall appoint a day and place for the hearing, the day so appointed being not more than 30 days after the date of lodging of the objection.";

(h) by the repeal of section 34 and the substitution of—

"34 Additional powers to alter voters rolls

(1) In addition to other powers of alteration conferred by this Part, a voters roll may be altered—

(a) by the Registrar-General at any time to correct any error or omission or to change (whether on the oral or written application of a voter or not) the original name or address of the voter to an altered name or address;

(b) by the constituency registrar at any time by correcting any obvious mistake or omission, or by changing, on the written application of a voter, the original name or address of the voter to an altered name or address;

(c) by the constituency registrar at any time except during the period between the issue of a proclamation referred to in section 38 or 39 and the close of polling at the election fixed by any such proclamation, by striking out the name of any person, on proof that he has become qualified for and has secured registration on another voters roll.

(2) In the case of an alteration in terms of paragraph (a) of subsection (1) made otherwise than on the oral or written application of a voter, or paragraph (b) of subsection (1), a notice of the fact shall be published in the Gazette by the Registrar-General or constituency registrar, as the case may be.";

(i) in section 60 by the repeal in subsection (2) of paragraph (a) and the substitution of—

"(a) close and seal the aperture in the ballot box and affix his seal thereto and permit any such candidates and election agents to affix their signatures or thumb-prints upon the presiding officer’s seal;";

(j) in section 61¾

(i) by the repeal of subsection (2) and the substitution of—

"(2) When an election is to take place in a constituency, a voter ordinarily resident in Zimbabwe who is resident in that constituency or was, within 12 months of the polling day or first polling day, as the case may be, fixed in relation to that constituency, resident therein and has good reason to believe that he will be absent from the constituency or unable to attend at the polling station by reason of being—

(a) on duty as a member of a disciplined force or as a constituency registrar, presiding officer, polling officer or counting officer; or

(b) absent from Zimbabwe in the service of the Government of Zimbabwe; or

(c) a spouse of a person referred to in paragraph (a) or (b);

may apply to the Registrar-General for a postal ballot paper:

Provided that applications for postal ballot papers by members of a disciplined force may be made to the Registrar-General through their commanding officers.";

(ii) in subsection (3) by the deletion in paragraph (c) of "reach the constituency registrar concerned not later than noon on the day before the polling day or first polling day" and the substitution of "reach the Registrar-General not later than noon on tenth day before the polling day or first polling day";

(iii) in subsection (6) by the deletion of "constituency registrar" wherever it occurs and the substitution of "Registrar-General";

(k) in section 62—

(i) in subsection (1) by the deletion of "If the constituency registrar is satisfied, in regard to an application received by him not later than noon on the day before the polling day or first polling day" and the substitution of "If the Registrar-General is satisfied, in regard to an application received by him not later than noon on third day before the polling day or first polling day";

(ii) in subsection (3) by the deletion of "constituency registrar" and the substitution of "Registrar-General";

(iii) in subsection (4) by the deletion of "constituency registrar" and the substitution of "Registrar-General";

(iv) in subsection (5) by the deletion of "constituency registrar" wherever it occurs and the substitution of "Registrar-General";

(l) in section 63 by the deletion of "constituency registrar" and the substitution of "Registrar-General";

(m) in section 64 by the deletion in subsection (2) of "constituency registrar" and the substitution of "Registrar-General";

(n) in section 78 by the deletion in subsection (4) of "six months" and the substitution of "two years";

(o) by the insertion after section 79 of the following sections¾

"79A Conduct of election agents, polling agents, monitors and observers at elections

(1) Every election agent, polling agent, monitor and observer appointed or accredited for the purpose of any election shall be bound by the code of conduct set out in the Schedule.

(2) Any election agent, polling agent, monitor or observer who contravenes any provision of the code of conduct set out in the Schedule shall be guilty of an offence and liable to a fine not exceeding 100 thousand dollars or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.

(3) Additionally or alternatively to any prosecution for an offence in terms of subsection (2), contravention of any provision of the code of conduct set out in the Schedule shall, notwithstanding anything contained in this Act, constitute grounds for an electoral officer to exclude any polling agent, monitor or observer from any polling station or counting centre.

79B Absence of election agents, polling agents, monitors and observers at opening and closing of ballot boxes, etc.

For the avoidance of doubt it is declared that the failure by any person entitled in terms of paragraph (b) of subsection (1) of section 55 to be present on time¾

(a) at the sealing or opening of the ballot boxes in terms of subsection (4) of section 54; or

(b) at the sealing of the ballot boxes in terms of paragraph (a) of subsection (2) of section 60 or of the packets referred to in paragraph (b) of that subsection; or

(c) at the verification of the statements referred to in subsection (1) of section 72 and at the counting of votes in terms of that section;

shall not prevent the electoral officer concerned from proceeding in the absence of such person.";

(p) by the insertion after section 116 of the following section—

"116A Defacing property for political purposes

(1) Any person who, with the object of supporting or opposing any political party, political cause or candidate, whether or not in reference to any election, places any bill, placard, poster, pamphlet, circular or other document, writing or painting on, or otherwise defaces, any house, building, wall, fence, lamp-post, gate or elevator without the consent of the owner or occupier thereof, shall be guilty of an offence and liable to a fine not exceeding 100 thousand dollars or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.

(2) Subject to Part XIX of the Criminal Procedure and Evidence Act [Chapter 9:07], a court which has convicted a person of any offence in terms of subsection (1) shall forthwith award compensation, including the costs of restoring the property to its former condition, to any person whose right or interest in property of any description has been lost or diminished as a direct result of the offence.";

(q) by the insertion of the following Schedule—

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