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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"Commission" [Definition repealed by s. 3 of Act 2 of 2002.]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   
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(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   
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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   
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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   
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(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   
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(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   
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(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   
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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   
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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   
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(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   
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(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   
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(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   
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(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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