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This article participates on the following special index pages:
2008 harmonised elections - Index of articles
ZLHR
statement on provisions of the Electoral Act
Zimbabwe Lawyers for Human Rights (ZLHR)
March 25, 2008
Zimbabwe Lawyers
for Human Rights recalls its concern as to the effect of an inconsistency
between the provisions of the Electoral
Act (Chapter 2:13) and its schedule that rendered somewhat unclear
the legal position in the event of neither of the candidates getting
a majority of the votes cast. This inconsistency lies between section
110(3) of the Electoral Act and section 3(1) of the Second Schedule
to the Electoral Act.
Section 110(3)
of the Electoral Act says;
Where
two or more candidates for President are nominated, and after
a poll taken in terms of subsection (2) no candidate receives
a majority of the total number of valid votes cast, a second election
shall be held within twenty-one days after the previous election
in accordance with this Act.
Whereas section
3(1) of the schedule to the Electoral Act says;
Subject
to subparagraph (2), after the number of votes received by each
candidate as shown in each constituency return has been added
together in terms of subparagraph (3) of paragraph 2, the Chief
Elections Officer shall forthwith declare the candidate who has
received—
-
where there are two candidates, the greater number of votes;
- where
there are more than two candidates, the greatest number of votes;
to be duly elected as President of the Republic of Zimbabwe
with effect from the day of such declaration.
Zimbabwe Lawyers
for Human Rights wishes to state that the Zimbabwe Electoral Commission
has made clear its understanding of the differences herein. In a
letter addressed to Zimbabwe Lawyers for Human Rights, dated 13
March 2008, the Zimbabwe Electoral Commission has stated categorically
that;
Section
110(3) supercedes section 3(1) of the second schedule to the Electoral
Act for the reason that the latter is a schedule made in terms
of the former.
ZLHR is pleased
to state that ZEC has clarified its position concerning the provisions
in the Electoral Act, namely that that should none of the Presidential
candidates receive a majority of the total number of valid votes
cast, a second election shall be held within twenty-one days after
the previous election in accordance with the Electoral Act.
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fact
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