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This article participates on the following special index pages:

  • 2002 Presidential & Harare Municipal elections - Index of articles


  • Electoral Act
    Modified February 04, 2002

    Note:This act has been further modified. Click here for updated version to Sept 2003.

    This Act was promulgated by Extraordinary Government Gazette on 22 January 2002, becoming law with effect from 22 January 2002.

    Amendments to the Bill are indicated in red.

    See the Electoral Laws Amendment Act, 2007 and the Local Government Laws Amendment Bill, 2007 which further amend this Act

    Download this legislation
    - Rich Text File (RTF) version (508KB)
    - Acrobat PDF version (453KB)
    If you do not have the free Acrobat reader on your computer, download it from the Adobe website by clicking here.

     

    ELECTORAL ACT [Chapter 2:01]

    Acts 7/1990, 7/1992, 22/1992;12/1997 (s. 3), 21/1997, 2/2002 (s. 3).

    [Consolidated to 4th February 2002. As amended by s. 3 of the General Laws Amendment Act, 1997 (No. 12 of 1997) and the Local Authorities Election Laws Amendment Act, 1997 (No 21 of 1997), both of which came into operation on 7th November, 1997, and section 3 of the General Laws Amendment Act, 2002 (No. 2 of 2002), which came into operation on 4th February, 2002. Amendments made by those Acts are indicated by annotations following the provisions concerned.]

    ENACTED by the President and the Parliament of Zimbabwe.

    PART I
    Preliminary

    1. Short title.
    2. Application.
    3. Interpretation.

    PART II
    Election Directorate

    4. Appointment and functions of Election Directorate.
    5. Allowances payable to members of Election Directorate.

    PART III
    Electoral Supervisory Commission: Procedure and Conditions of Service of Members

    6. Interpretation in Part III.
    7. Conditions of office of members.
    8. Disqualification for appointment as member.
    9. Vacation of office by member.
    10. Removal of members from office.
    11. Staff of Commission.
    12. Meetings and procedure of Commission.
    13. Remuneration and expenses of members.
    14. Duties of Registrar-General towards Commission.
    14A. Functions of Commission regarding local authority elections.
    14B. Functions of Commission regarding monitors.
    14C. Functions of Commission regarding observers.
    14D. Functions of Commission regarding voter education.

    PART IV
    Registrar-General of Elections and Constituency Registrars

    15. Registrar-General of Elections.
    16. Constituency registrars and other officers.
    17. Votersí rolls to be kept by constituency registrars.
    18. Votersí rolls open to inspection and printing of rolls.
    19. Powers to demand information.

    PART V
    Residence Qualifications of Voters

    20. Residence qualifications.

    PART VI
    Registration of Voters

    21. Claims for registration.
    22. Claims for transfer of registration.
    23. Votersí registration cards.
    24. New registration of voters.

    PART VII
    Objections to Registration of Voters

    25. Objections by constituency registrar.
    26. Objections by voters.
    27. Hearing and determination of objections by designated magistrate and procedure thereon.
    28. Statement of case for opinion of judge in chambers.
    29. Posting of names of persons objected to.

    PART VIII
    Miscellaneous Provisions Relating to Registration of Voters

    30. Removal of duplications.
    31. Removal from votersí roll on disqualification or death.
    32. Removal from votersí roll owing to absence.
    33. Registration of voter no longer disqualified.
    34. Additional powers to alter votersí rolls.
    35. How alterations to be made.
    36. Documents required in connection with registration exempt from stamp duty.

    PART IX
    Offences in Relation to Registration of Voters

    37. Offences in relation to registration of voters.

    PART X
    Proclamation of General Elections or By-Elections

    38. General elections.
    39. Vacancies and by-elections.

    PART XI
    Election of Chiefs to Parliament

    40. Electoral colleges.
    41. Presiding officers.
    42. Quorum of electoral colleges.
    43. Nomination of chiefs as candidates.
    44. Conduct of poll for election of chief.

    PART XII
    Appointed Members of Parliament

    45. Notification of appointment of members of Parliament.

    PART XIII

    Nomination of Candidates for Election as Members of Parliament

    46. Nomination of candidates.
    47. Deposit on nomination.
    48. Procedure when poll to be held.
    49. Withdrawal of candidate.
    50. Death of candidate.

    PART XIV

    Preparation for and Voting at Poll

    51. Polling stations.

    52. Provision of requisites and officers for purpose of poll.
    53. Hours polling stations to be open.
    54. The ballot box.
    55. Conduct of poll.
    56. Number of votes and identification of voters.
    57. Manner of voting.
    58. Spoilt ballot papers.
    59. Voting by physically incapacitated or illiterate voters.
    60. Procedure at close of poll.

    PART XV

    Voting by Post

    61. Applications for postal ballot papers.

    62. Issue of postal ballot papers.
    63. Refusal of application for postal ballot paper.
    64. Recipients of postal ballot papers not entitled to vote at polling stations.
    65. Voting by post.
    66. Postal ballot boxes.
    67. Opening of postal ballot boxes.
    68. Rejected declarations of identity.
    69. Postal ballot papers to be placed in ballot box.
    70. Safe-keeping of documents.
    71. Offences in relation to postal votes.

    PART XVI

    Procedure After Close of Poll

    72. Procedure on receipt of ballot boxes after poll.

    73. Counting and rejection of votes.
    74. Determination and declaration of result of poll.
    75. Secrecy of voting to be maintained.
    76. Notification of result of election.
    77. Minister to cause names of candidates elected to be published in Gazette.
    78. Custody and disposal of ballot and other papers.

    PART XVII

    General Provisions Relating to Polls

    79. Constituency registrars and other persons to make declaration of secrecy.

    79A. Conduct of election agents, polling agents, monitors and observers at elections.
    79B. Absence of election agents, polling agents, monitors and observers at opening and closing of ballot bowes, etc.
    80. Offences in relation to ballot papers and ballot boxes.
    81. Maintenance of secrecy and non-interference with voters and ballot papers.
    82. Persons wilfully failing in their duties guilty of offence.
    83. Abrogation of elections.

    PART XVIII

    Election Expenses and Election Agents

    84. What expenses permissible.

    85. Election agents.
    86. Polling agents.
    87. Appointments made and expenses incurred by candidates or agents.
    88. All payments in respect of expenses to be made through agent and all expenditure to be disclosed.
    89. Receipts for election expenses.
    90. Claims for election expenses.
    91. Limit of personal expenses that candidates may incur.
    92. Claims by election agents.

    PART XIX
    Provisions Relating to Elections to Office of President
    93. When election to office of President to be held.
    94. Notice of election to office of President.
    95. Nomination of candidates for election to office of President.
    96. Deposit on nomination.
    97. Publication of names of Presidential candidates.
    98. Withdrawal of candidature.
    99. When fresh nominations to be held.
    100. Procedure when poll to be taken.
    101. Determination and declaration of result of election to office of President.
    102. Election petitions in respect of election to office of President.
    103. Application of Parts XIV, XV, XVI and XVII.

    PART XIXA
    Provisions Relating to Local Authority Elections

    Preliminary

    103A. Application of Part XIXA.
    103B. Interpretation in Part XIXA.

    Qualifications of voters and preparation of votersí rolls

    103C. Qualifications of voters in local authority elections.
    103D. First votersí roll.
    103E. Preparation of subsequent votersí rolls.
    103F. Inspection of votersí rolls.

    Qualifications for election

    103G. Qualifications and disqualifications for election as councillor.
    103H. Qualifications and disqualifications for election as mayor.

    When elections to be held

    103I. When election of councillors to be held.
    103J. When election to office of mayor to be held.
    103K. Postponement of elections.

    Conduct of elections

    103L. Notice of election and nomination day.
    103M. Nomination of candidates.
    103N. Withdrawal of candidate.
    103O. Death of candidate.
    103P. Entitlement to vote and number of votes a voter may cast.
    103Q. Drawing of lots to determine result of election
    103R. Declaration and publication of result of election.
    103S. Expenses of elections.

    General

    103T. Alteration of dates and qualifying periods.
    103U. Application of provisions of this Act to local authority elections.

    PART XX

    Corrupt Practices

    104. Treating.

    105. Undue influence.
    106. Bribery.
    107. Personation.
    108. Illegal transportation of voters.
    109. Penalties for corrupt practices.

    PART XXI

    Illegal Practices

    110. Certain expenditure an illegal practice.

    111. Unauthorised election expenses.
    112. Penalty for providing money for payments contrary to this Act.
    113. Certain employment prohibited.
    114. Corrupt procurement of candidate.
    115. Betting prohibited.
    116. Bills and placards to have names of printer and publisher.
    116A. Defacing property for political purposes.
    117. Prohibited symbols.
    118. Prohibition of certain activities in vicinity of polling stations.
    119. Premises licensed for sale of liquor not to be used for certain purposes.
    120. Procuring prohibited persons to vote and false statements regarding withdrawal of candidates.
    121. Obstruction of voters.
    122. Philanthropical societies not to devote funds for political purposes.
    123. General penalties for illegal practices.

    PART XXII

    Further Provisions Relating to Corrupt Practices, Illegal Practices and Other Offences

    124. When election void owing to corrupt or illegal practices.

    125. When election not void.
    126. When High Court may hold certain acts or omissions to be exempt from provisions of this Act.
    127. Hearing of person before he is found guilty of corrupt practice or illegal practice.
    128. Finding on charge of corrupt practice or illegal practice.
    129. Time within which proceedings must be commenced.
    130. When creditors not prejudiced in respect of prohibited payment.

    PART XXIII

    Election Petitions

    131. Interpretation in Part XXIII.

    132. Who may present election petition.
    133. Provisions governing election petitions.
    134. Notice of election petition to be served on respondent.
    135. Respondent may object to security provided.
    136. Provisions as to trial of election petition.
    137. Procedure where High Court reports cases of corrupt practices or illegal practices.
    138. Witnesses.
    139. Witnesses not excused from answering incriminating questions.
    140. Respondent may testify that election of petitioner undue.
    141. Withdrawal of election petition.
    142. Election petition abated on death of petitioner.
    143. Position when respondent does not oppose election petition.
    144. Costs of election petition.

    PART XXIV

    General

    145. When incapacity may be removed.

    146. No person required to divulge how he voted.
    147. Evidence as to holding of election.
    148. Certificate of memberís death.
    149. When non-compliance with this Act invalidates election.
    150. Penalty for interruptions in connection with elections.
    151. Maintenance of secrecy.
    152. How public notice may be given and documents served.
    153. When appointed date falls on Saturday, Sunday or public holiday.
    154. Validation of certain documents despite misnomer or inaccurate description.
    155. General penalty.
    156. Rules of court.
    157. Regulations.
    158. Regulatory powers of President.

    SCHEDULE: Code of Conduct for Election Agents, Polling Agents, Monitors and Observers.

    AN ACT to provide for the appointment and functions of an Election Directorate; to provide for the procedure and conditions of service of members of the Electoral Supervisory Commission; to provide for a Registrar-General of Elections and constituency registrars; to make provision for the registration of voters and for the lodging of objections thereto; to provide for the preparation and maintenance of votersí rolls; to prescribe the residence qualifications of voters and the procedure for the nomination and election of candidates to and the filling of vacancies in Parliament; to provide for the conduct of elections and the proceedings which may be taken against undue elections; to make provision for elections to the office of President; to provide for offences and penalties, and for the prevention of corrupt or illegal practices in connection with elections; to make provision for the hearing and determination of election petitions; and to provide for matters connected with or incidental to the foregoing.
    [Date of commencement: 28th March, 1990.]

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