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Electoral
Act
Modified February
04, 2002
Contents
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
6 Interpretation
in Part III TOP
In this Part—
"Commission"
[Definition repealed by s. 3 of Act 2 of 2002.]
"member"
means a member of the Commission.
7 Conditions of office of members TOP
(1) Subject to
this Part, a member shall hold office for such period, not exceeding five
years, as the President may fix on his appointment.
(2) On the expiry
of the period for which a member has been appointed, he shall continue
to hold office until he has been reappointed or his successor has been
appointed:
Provided that a member
shall not continue to hold office in terms of this subsection for a period
exceeding six months.
(3) Subject to
section 13, a member shall hold office on such conditions as the
President may fix for members generally.
(4) When fixing
the conditions of service of a member, the President may direct that any
enactment relating to the conditions of service of members of the Public
Service shall apply to the conditions of service of the member, subject
to such modifications, exceptions or conditions as the President may specify,
and thereupon the enactment concerned shall so apply to the conditions
of service of the member concerned.
8 Disqualification for appointment as member TOP
Without derogation
from subsection (2) of section 61 of the Constitution [Electoral
Supervisory Commission - ineligibility for appointment], the President
shall not appoint a person as a member, and no person shall be qualified
to hold office as a member, who—
(a) is not a
citizen of Zimbabwe permanently resident in Zimbabwe; or
(b) has, in terms
of a law in force in any country—
(i) been adjudged
or otherwise declared insolvent or bankrupt and has not been rehabilitated
or discharged; or
(ii) made an
assignment to or arrangement or composition with his creditors which
has not been rescinded or set aside;
or
(c) has, within
the period of five years immediately preceding the date of his proposed
appointment, been convicted—
(i) in Zimbabwe
of a criminal offence; or
(ii) outside
Zimbabwe of an offence, by whatever name called, which, if committed
in Zimbabwe, would have been a criminal offence;
and sentenced to
a term of imprisonment without the option of a fine, whether or not
such sentence has been suspended, and has not received a free pardon.
9 Vacation of office by member TOP
A member shall vacate
his office and his office shall become vacant one month after the date
he gives notice in writing to the President of his intention to resign
his office or after the expiry of such shorter period as he and the President
may agree.
10 Removal of members from office TOP
(1) A member shall
not be removed from office except in terms of this section.
(2) The President
may remove a member from office on the grounds of—
(a) inability
to discharge the functions of his office, whether arising from infirmity
of mind or body or any other cause; or
(b) misbehaviour;
or
(c) failure to
comply with any of the conditions of his office fixed by the President
in terms of section 7.
11 Staff of Commission TOP
(1) At the request
of the Commission, the Minister or any other Minister may assign to the
Commission such members of the Public Service employed in his Ministry
as may be necessary to perform secretarial and administrative functions
for the Commission.
[Subsection
(1) as amended by s. 3 of Act 2 of 2002.]
(2) The person
for the time being performing the functions of secretary of the Commission
may attend meetings of the Commission but shall not vote on any question
before the Commission.
12 Meetings and procedure of Commission TOP
(1) Subject to
this section and to sections 61 [Electoral Supervisory Commission]
and 114 [Supplementary provisions] of the Constitution, the Commission
shall meet for the dispatch of business and adjourn, close and otherwise
regulate its meeting and proceedings as it thinks fit.
(2) The chairman
of the Commission may himself at any time and shall, at the request in
writing of not fewer than two members, convene a special meeting of the
Commission.
(3) If, at a meeting
of the Commission, the Chairman is absent, the members present may elect
one of their number to preside at that meeting as chairman.
(4) Any proposal
circulated among all members and agreed to in writing by a majority of
all members shall be of the same effect as a resolution passed at a duly
constituted meeting of the Commission and shall be incorporated in the
minutes of the next succeeding meeting of the Commission:
Provided that, if
a member requires such a proposal be placed before a meeting of the Commission,
this subsection shall not apply to such proposal.
(5) Where the chairman
of the Commission considers that a person has special knowledge of or
experience in any matter being considered by the Commission, he may invite
that person to attend a meeting of the Commission at which the matter
is to be discussed, and that person may then attend the meeting but shall
not vote on any question before the Commission.
13 Remuneration and expenses of members TOP
A member of the Commission
shall be paid—
(a) such remuneration
as the Minister may fix with the approval of the Minister responsible
for finance; and
(b) such allowances
as the Minister may fix to meet any reasonable expenses incurred by
him in connection with the business of the Commission.
14 Duties of Registrar-General towards Commission TOP
The Registrar-General—
(a) shall provide
the Commission with such reports relating to the registration of voters
and the conduct of elections as the Commission may from time to time
require;
(b) shall generally
keep the Commission informed on all matters relating to the exercise
of his functions in terms of this Act;
(c) may refer
to the Commission for its advice any matters relating to the registration
of voters and the conduct of elections;
(d) may attend
meetings of the Commission, but shall not vote on any question before
the Commission.
14A Functions of Commission regarding local authority
elections TOP
(1) In regard to
elections to the governing bodies of local authorities, the Commission—
(a) shall supervise—
(i) the conduct
of every general election of councillors to a municipal council; and
(ii) the conduct
of every election to the office of mayor of a municipality; and
(iii) the registration
of voters on any voters’ roll prepared for an election referred to
in subparagraph (i) or (ii);
(b) may, if the
Commission considers it necessary or desirable in the public interest,
supervise—
(i) the conduct
of any election; and
(ii) the registration
of voters on any voters’ roll;
that is not specified
in paragraph (a).
(2) Section 14
shall apply, mutatis mutandis, in relation to any election or registration
of voters supervised by the Commission in terms of subsection (1)
as if the reference therein to the Registrar-General were a reference
to the town clerk, secretary or other chief executive officer of the local
authority concerned.
[Section 14A as inserted by s. 3 of Act 12 of 1997.]
14B Functions of Commission regarding monitors TOP
(1) In this section—
"monitor",
in relation to any election, means, subject to such conditions as may
be prescribed—
(a) monitor
the conduct of the polling at any polling station or counting centre
for the purpose of detecting any irregularity in the conduct of the
poll or the counting of the votes; and
(b) be present
at the verification of statements of presiding officers and the counting
of votes cast at the election in terms of sections 72 and 73;
and
(c) bring any
irregularity or apparent irregularity in the conduct of the poll or
the counting of the votes to the attention of the presiding officer
or constituency registrar and request that appropriate corrective
action to redress that irregularity, if any, is taken; and
(d) report
on any irregularity or apparent irregularity in the conduct of the
poll or the counting of the votes to the Commission and on any corrective
measures taken to redress the irregularity by the presiding officer
or constituency registrar.
(2) The Commission
shall appoint, accredit and deploy in each polling station members of
the Public Service to act as monitors.
(3) The Commission
shall forthwith inform the Registrar-General in writing of the names of
the monitors it has appointed and accredited in terms of this section.
(4) No individual
may monitor any election, or be permitted to enter and remain at any polling
station or counting centre as a monitor, unless such person is appointed
and accredited by the Commission before the commencement of the poll as
a monitor and his appointment and accreditation is verified by the Registrar-General,
for which purpose such individual shall—
(a) report to
the Commission at the time and place notified by the Commission and—
(i) be furnished
with a copy of, or made aware of the contents of, the code of conduct
prescribed in the Schedule; and
(ii) if so
required by the Commission, attend a course on electoral law and procedure,
approved or provided by the Commission;
and
(b) report to
the Registrar-General at a time and place notified by the Registrar-General
and furnish the Registrar-General with proof of appointment and accreditation
as a monitor in terms of subsection (2).
(5) Upon satisfaction
of the requirements of paragraph (a) of subsection (4) the Commission
shall issue the individual concerned with an accreditation certificate
confirming that the applicable requirements have been satisfied by that
individual and specifying the period during which such individual is accredited
as a monitor.
(6) Every monitor
shall exhibit his accreditation certificate to any electoral officer who
demands to see it.
(7) Not more than
four monitors shall be permitted—
(a) to enter
or remain at any polling station;
(b) to be present
for the counting of votes at a counting centre.
[Section 14B as
inserted by s. 3 of Act 2 of 2002.]
14C Functions of Commission regarding observers TOP
(1) In this section—
"observe",
in relation to any election, means, subject to such conditions as may
be prescribed—
(a) observe
the conduct of the polling at the election; and
(b) be present
at the verification of statements of presiding officers and the counting
of votes cast at the election in terms of sections 72 and 73;
and
(c) bring any
irregularity or apparent irregularity in the conduct of the poll or
the counting of the votes to the attention of the monitor on duty
at the polling station or the Commission.
(2) The Commission
shall, for the purpose of subsection (5), establish a committee,
called "the Observers’ Accreditation Committee", consisting
of—
(a) the chairman
of the Commission, who shall be the chairman of the Committee; and
(b) two persons
nominated by the Minister; and
(c) two persons
nominated by the Minister responsible for foreign affairs.
(3) A decision
of the Observers’ Accreditation Committee shall, unless the Commission
amends or rescinds the decision, be deemed to be a decision of the Commission.
(4) Each member
of the Observers’ Accreditation Committee may appoint a person as an alternate
member of the Committee, and any such alternate member may act as a member
during any period that a substantive member is unable to exercise his
functions.
(5) The function
of the Observers’ Accreditation Committee shall be to accredit as observers—
(a) individuals
representing foreign countries or international or regional organisations
that have been invited by the Minister responsible for foreign affairs
to observe any election; and
(b) individuals
representing bodies in the region that exercise functions similar to
those of the Commission and that have been invited by the Commission
to observe any election; and
(c) eminent persons
from outside Zimbabwe who have been invited by the Minister responsible
for foreign affairs to observe any election; and
(d) eminent persons
from within Zimbabwe who have been invited by the Minister to observe
any election; and
(e) individuals
representing local organisations that have been invited by the Minister
to observe any election.
(6) No individual,
other than an election agent, polling agent or monitor, may observe any
election, or be permitted to enter and remain at any polling station or
counting centre as an observer, unless such person is accredited by the
Observers’ Accreditation Committee before the commencement of the poll
as an observer, for which purpose such individual shall—
(a) report to
the Committee at the time and place notified by the Committee; and
(b) furnish the
Committee with proof of the appropriate invitation referred to in paragraph (a),
(b), (c), (d) or (e) of subsection (5); and
(c) be furnished
with a copy of, or made aware of the contents of, the code of conduct
prescribed in the Schedule; and
(d) pay the prescribed
accreditation fee.
[Different fees
may be prescribed for different classes - Interpretation Act s. 21(2)(b)(ii).]
(7) Upon satisfaction
of the requirements of subsection (6) the Observers’ Accreditation
Committee shall issue the individual concerned with an accreditation certificate
confirming that the applicable requirements have been satisfied by that
individual and specifying the period during which such individual is accredited
as an observer.
(8) Every observer
shall exhibit his accreditation certificate to any electoral officer who
demands to see it.
(9) Not more than
three observers comprising individuals invited by the authorities referred
to in paragraphs (a), (b), (c), (d) and (e) of subsection (5)
shall be permitted—
(a) to enter
or remain at any polling station;
(b) to be present
for the counting of votes at a counting centre.
[Section 14C as
inserted by s. 3 of Act 2 of 2002.]
14D Functions of Commission regarding voter education TOP
(1) In this section—
"foreign
donation or contribution" means a donation or contribution
made by—
(a) a person
who is not a permanent resident or citizen of Zimbabwe domiciled in
Zimbabwe; or
(b) a company
which is not incorporated in Zimbabwe or, if so incorporated, does
not carry on business in Zimbabwe; or
(c) any association
of persons, whether incorporated or unincorporated, that does not
consist exclusively of permanent residents or citizens of Zimbabwe,
domiciled in Zimbabwe;
"local donation
or contribution" means a donation or contribution that is not
a foreign donation or contribution;
"voter education"
means any course or programme of instruction on electoral law and procedure
aimed at voters generally and not offered as part of a course in law,
civics or other subject for students at an educational institution;
"voter education
materials" means printed, aural, visual or audio-visual materials
intended for use in voter education.
(2) It shall be
one of the functions of the Commission to provide voter education for
the purpose of any election.
(3) The Commission
may appoint any person to assist it in providing voter education.
(4) No person other
than the Commission or a person appointed in terms of subsection (3),
a political party, or person registered in terms of this section shall
provide voter education.
(5) No foreign
donation or contribution for the purposes of voter education shall be
made except to the Commission, which may allocate such donation or contribution
to any person registered in terms of this section.
(6) Any person
who provides voter education in contravention of subsection (4) or
receives any donation or contribution in contravention of subsection (5)
shall be guilty of an offence and liable to a fine not exceeding $10,000
or to imprisonment for a period not exceeding six months or to both such
fine and such imprisonment.
(7) The Commission
shall produce its own voter education materials or course or programme
of instruction for use in voter education.
(8) No person shall
be qualified to be registered in terms of this section, or continue to
be so registered, unless—
(a) such person
is a citizen or permanent resident of Zimbabwe domiciled in Zimbabwe,
or an association of persons, whether incorporated or unincorporated,
consisting exclusively of citizens or permanent residents of Zimbabwe,
domiciled in Zimbabwe; and
(b) in the case
of a private voluntary organisation registered in terms of the Private
Voluntary Organisations Act [Chapter 17:05], the constitution
of such organisation specifically mandates it to provide voter education;
and
(c) in the case
of a lawfully constituted trust, whether or not registered in terms
of any law, the deed of trust specifically mandates it to provide voter
education; and
(d) such person
uses voter education materials furnished or approved by the Commission
and employs individuals who are citizens or permanent residents of Zimbabwe
to conduct any voter education; and
(e) such person
conducts voter education in accordance with a course or programme of
instruction furnished or approved by the Commission; and
(f) the proposed
voter education activities of such person are, subject to subsection (5),
funded solely by local contributions or donations; and
(g) no fee or
charge is levied for the provision of voter education or voter education
materials.
(9) A person proposing
to be registered in terms of this section shall apply in the prescribed
manner and—
(a) satisfy the
Commission that it is not disqualified in terms of paragraph (a),
(b), (c) or (f) of subsection (8); and
(b) furnish the
Commission with copies of all the voter education materials proposed
to be used and particulars of the course or programme of instruction
in accordance with which the voter education will be conducted; and
(c) furnish the
Commission with all the names, addresses, citizenship or residence status
and qualifications of the individuals who will conduct voter education;
and
(d) disclose
the manner and sources of funding of its proposed voter education activities;
and
(e) pay the prescribed
registration fee, if any.
(10) On receipt
of an application in terms of subsection (9), the Commission shall,
if it is satisfied that the applicant is not disqualified in terms of
subsection (8) and that the voter education materials proposed to
be used by the applicant and the course or programme of instruction in
accordance with which the voter education will be conducted are adequate
and not misleading or biased in favour of any political party, register
the applicant.
(11) If the Commission
is not satisfied as to any matter referred to in subsection (10),
it shall reject the application and forthwith notify the applicant giving
the reasons for its decision.
(12) Any person
aggrieved by a decision of the Commission in terms of subsection (11)
shall have a right of appeal to the High Court from that decision.
[Section 14D as
inserted by s. 3 of Act 2 of 2002.]
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