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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
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legislation
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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. Voters’ rolls
to be kept by constituency registrars.
18. Voters’ 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. Voters’ 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
voters’ roll on disqualification or death.
32. Removal from
voters’ roll owing to absence.
33. Registration
of voter no longer disqualified.
34. Additional powers
to alter voters’ 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 voters’ rolls
103C. Qualifications
of voters in local authority elections.
103D. First voters’
roll.
103E. Preparation
of subsequent voters’ rolls.
103F. Inspection
of voters’ 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 member’s 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 voters’ 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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