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Electoral Act
Modified February 04, 2002

Contents

PART I

Preliminary

1. Short title
2. Application
3. Interpretation

1 Short title

This Act may be cited as the Electoral Act [Chapter 2:01].

2 Application  TOP

This Act shall apply to—

(a) the election of members of Parliament and elections to the office of President for the purposes of the Constitution; and

(b) elections to the governing bodies of councils for the purposes of the Rural District Councils Act [Chapter 29:13] and the Urban Councils Act [Chapter 29:15].

[Section 2 as substituted by s. 2 of Act 21 of 1997.]

3 Interpretation   TOP

(1) In this Act—

"chief" has the meaning given thereto in the Chiefs and Headmen Act [Chapter 29:01] but does not include a deputy chief;

"claim" means a claim to be registered as a voter in a constituency;

"claim form" means the prescribed form of claim for registration as a voter under Part VI;

"claimant" means a person who—

(a) has completed a claim form; or

(b) has submitted a written application in terms of subsection (2) of section 24;

"Commission" means the Electoral Supervisory Commission appointed in terms of section 61 of the Constitution;

[Definition as inserted by s. 3 of Act 2 of 2002.]

"committee room" does not include any house, room or premises occupied by a candidate at an election as a dwelling by reason only of the candidate transacting therein or thereon business with his agents in relation to that election;

"competent witness", in relation to voting by post, means the Registrar-General or, subject to subsection (2), any person who—

(a) is a member of Parliament, a Provincial Governor, the principal diplomatic representative of Zimbabwe in any country or the deputy of such representative or a member of the staff of such representative appointed by him or the trade commissioner or any consular official for Zimbabwe in any country; or

(b) inside Zimbabwe, holds the position of a hospital matron, Government mining engineer, Government inspector of mines, mine manager, constituency registrar, deputy constituency registrar, assistant constituency registrar, or chairman or secretary of a town council or rural district council; or

(c) inside or outside Zimbabwe, is or holds the office of or an appointment as a chartered accountant, corporate member of an engineering institute, land surveyor, corporate member of an institute or association of architects, postmaster, legal practitioner, advocate, barrister, attorney, solicitor, magistrate, bank manager, commissioned officer in the Defence Forces, justice of the peace, commissioner of oaths, mayor, medical practitioner, town clerk, assistant town clerk, veterinary surgeon or commissioned police officer; or

(d) is a member of a class of persons prescribed as competent witnesses;

"constituency" means any of the constituencies into which Zimbabwe is divided in terms of subsection (2) of section 60 of the Constitution [Delimitation of Constituencies];

"constituency registrar" means a person who is appointed in terms of subsection (1) of section 16 to be a constituency registrar;

"corrupt practice" means any of the following offences referred to in Part XX, namely—

(a) treating;

(b) undue influence;

(c) bribery;

(d) personation;

(e) illegally transporting voters;

(f) attempting to commit or inciting the commission of an offence specified in paragraph (a), (b), (c), (d) or (e);

"counting centre" means any place notified by a constituency registrar in terms of section 73 as a place where the counting of votes will take place;

[Definition as inserted by s. 3 of Act 2 of 2002.]

"covering envelope" means the envelope referred to in paragraph (c) of subsection (4) of section 62;

"designated magistrate" means a magistrate designated for the purposes of Part VII by the Minister to whom the administration of the Magistrates’ Court Act [Chapter 7:10] has been assigned;

"disciplined force" means any branch of the Defence Forces or the Police Force;

"election" means—

(a) the election of a member of Parliament; or

(b) an election to the office of President; or

(c) an election for the purposes of the Rural District Councils Act [Chapter 29:13] or the Urban Councils Act [Chapter 29:15];

as the case may be;

[Definition as amended by s. 3 of Act 21 of 1997.]

"election agent" means the person appointed in terms of section 85 as an election agent;

"Election Directorate" means the Election Directorate appointed in terms of section 4;

"election expenses", in relation to a candidate at an election, means all moneys expended or expenses incurred on account of or in respect of the conduct or management of that election by that candidate or on his behalf or in his interests, but does not include the sum deposited with his nomination paper in terms of subsection (1) of section 47 or any moneys expended or expenses incurred by or in the interests of a party of which he is a member if they do not relate directly to him;

"election petition" means a petition referred to in section 132;

"electoral officer" means the Registrar-General, a constituency registrar, presiding officer, polling officer or counting officer;

[Definition as inserted by s. 3 of Act 2 of 2002.]

"fixed polling station" means a polling station referred to in subsection (1) of section 51;

"list of votes marked by the presiding officer" means a list referred to in subsection (2) of section 59;

"Minister" means the Minister of Justice, Legal and Parliamentary Affairs or any other Minister to whom the President may, from time to time, assign the administration of this Act;

"mobile polling station" means a polling station referred to in subsection (3) of section 51;

"money" includes any pecuniary reward;

"monitor" means a person appointed and accredited as a monitor in terms of section fourteen B;

[Definition as inserted by s. 3 of Act 2 of 2002.]

"nomination day", in relation to—

(a) the election of a member of Parliament, other than a chief, means any day fixed in terms of paragraph (a) of subsection (2) of section 38;

(b) an election to the office of President, means the day fixed in terms of paragraph (a) of subsection (1) of section 94;

"observer" means a person accredited as an observer in terms of section 14C;

[Definition as inserted by s. 3 of Act 2 of 2002.]

"office hours", in relation to the office of a constituency registrar, means the hours on a week-day during which that office is open to members of the public;

"party" means any political organisation;

"payment" includes any pecuniary or other reward;

"pecuniary reward" includes any office, place or employment, any valuable security or other equivalent for money and any valuable consideration;

"personal expenses", in relation to a candidate at an election, means the reasonable travelling expenses of that candidate and of his election agent, if any, and the reasonable expenses of their living at hotels or elsewhere for the purposes of and in relation to that election;

"polling agent" means a person appointed in terms of section 86 as a polling agent;

"polling day", in relation to—

(a) an election to Parliament, means any day fixed in terms of paragraph (b) of subsection (2) of section 38;

(b) an election to the office of President, means any day fixed in terms of paragraph (b) of subsection (1) of section 94;

"presiding officer" means any person appointed in terms of subsection (2) of section 52 to be a presiding officer;

"prohibited symbol" means a symbol or representation declared to be a prohibited symbol in terms of subsection (1) of section 117;

"qualified", in relation to a person claiming or entitled to be registered as a voter for a constituency, means qualified to be a voter in that constituency in accordance with paragraph 3 of Schedule 3 to the Constitution and section 20, and "disqualification" shall be construed accordingly;

"registered", in relation to a voter, means registered in terms of Part VI for the purpose of voting at an election;

"Registrar-General" means the Registrar-General of Elections referred to in section 15;

"Secretary" means the Secretary of the Ministry for which the Minister is responsible;

"Speaker" means the Speaker of Parliament;

"voter" means a person who is entitled to vote and is registered on a voters’ roll;

"voters’ roll" means—

(a) the voters’ roll or supplementary voters’ roll for any constituency; or

(b) the voters’ roll for the area of any local authority or for any ward of such an area;

as the case may be, prepared and maintained under this Act by the Registrar-General.

[Definition as substituted by s. 3 of Act 21 of 1997.]

(2) Notwithstanding anything contained in the definition of "competent witness" in subsection (1), a candidate in an election or an agent of such a candidate shall not be a competent witness in respect of voting by post in that election.

(3) A house, room or premises shall not be deemed to be a committee room by reason only of the fact that a candidate in an election or an agent of such candidate addresses therein or thereon voters, committee men or others.

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