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This article participates on the following special index pages:
2002 Presidential & Harare Municipal elections - Index of articles
Electoral
Amendment Bill, 2002
March 01, 2002
[Notes:
1. This Bill was published by Government Gazette Extraordinary of 1st
March, 2002 - General Notice 98C of 2002. It received its first reading
on 25th July, 2002, and was referred to the Parliamentary Legal Committee
pursuant to section 40B of the Constitution. As of early September no
date had been set for second reading.
2. By Clause 15 the provisions are intended to be back-dated to 4th
February 2002, the date of passing of the General Laws Amendment Act,
2002 (the GLA Act), annulled by the Supreme Court on 27th February, 2002.
3. Save for inconsequential redrafting and re-ordering, this Bill repeats
the contents of section 3 of the annulled Act. The related sections of
the annulled GLA Act are indicated at the appropriate clause.
4. Drafting
changes are indicated in red
5. Section headings in italicised parentheses have been inserted
for convenience and do not form part of the Bill.]
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ELECTORAL
AMENDMENT BILL, 2002 (No. 4 of 2002)
MEMORANDUM
This
Bill will amend the Electoral Act [Chapter 2:01] ("the
principal Act") in certain respects in the manner described under
the individual clauses below:
1 Short
title
This clause
sets out the Bill’s short title.
2 Amendment
of section 3 (Interpretation)
This clause
inserts some additional definitions in section 3 of the principal
Act.
3 New
sections inserted after section 14A (Functions of Commission regarding
local authority elections)
This clause
seeks to insert additional sections in the principal Act governing the
functions of the Electoral Supervisory Commission with respect to the
appointment of monitors, the accreditation of observers and voter education.
4 Amendment
of section 20 (Residence qualifications)
5 Amendment
of section 21 (Claims for registration)
These clauses
seek to amend sections 20 and 21 of the principal Act by empowering
the Registrar-General or any constituency registrar to demand from any
voter who is registered on the voters’ roll, or from any claimant for
registration as a voter, proof of identity, qualification as a voter or
residence as defined in the new subsection (a1) of Section 20.
6 Amendment
of section 26 (Objections by voters)
This clause
seeks to simplify the procedure with respect to objections by voters to
the retention of any name on the voters’ roll. If the constituency registrar
upholds the objection, the constituency registrar is not (subject to giving
notice to any third party affected by the objection) required to set the
objection down for hearing before a magistrate.
7 New
section substituted for section 34 (Additional powers to alter voters’
rolls)
This clause
seeks to insert an additional section in the principal Act to empower
the Registrar-General to correct errors or change names or addresses of
voters where this becomes necessary to do so, whether on the application
of a voter or not, but subject to notice of the fact being published in
the Gazette by the Registrar-General. Constituency registrars will be
given similar powers.
8 Amendment
of section 60 (Procedure at close of poll)
This clause
will enable the Registrar-General to approve the type or size of seals
used by candidates and election agents to seal ballot boxes, and will
additionally allow candidates and election agents to affix their signatures
or thumb-prints upon the presiding officer’s ballot-box seal.
9 Amendment
of section 61 (Applications for postal ballot papers)
10 Amendment
of section 62 (Issue of postal ballot papers)
Clause 9
will restrict the classes of persons who may apply for postal ballots
to those away on duty in the military or diplomatic service of the State,
or on election duty, and to the spouses of those persons. Clauses
9 and 10 also modify the procedure concerning the application for and
issue of postal ballot papers.
11 New
sections inserted after section 79 (Constituency registrars and other
persons to make declaration of
secrecy)
12 New
section inserted after section 116 (Bills and placards to have names
of printer and publisher)
This clause
seeks to create the new offence of defacing property for political purposes.
13 Insertion
of Schedule
This clause
seeks to insert additional sections governing the conduct of election
agents, polling agents, monitors and observers at elections, for the purpose
of which a code of conduct is prescribed in a Schedule to be added to
the principal Act. It also makes clear that the absence through their
own fault of any candidate, election agent, etc. at the sealing or opening
of ballot boxes and the verification of presiding officers’ statements,
shall not be permitted to cause any delay in these procedures.
14 Minor
amendments
Certain
minor amendments to the principal Act are effected in a Schedule to this
Bill.
15 Saving
This clause
deems the provisions in this Bill to have come into force on 4th February,
2002, the date of the original General Laws amendment Act.
BILL
TO
AMEND the Electoral Act [Chapter 2:01] and provide for matters
incidental thereto.
ENACTED by the
President and the Parliament of Zimbabwe.
1 Short
title
This Act may be cited
as the Electoral Amendment Act, 2002.—
2 Amendment
of section 3 of Cap. 2:01
[GLA
Act s. 3(a)]
Section 3
(Interpretation) of the Electoral Act [Chapter 2:01]
(hereinafter called "the principal Act") is amended by the insertion
in subsection (1) of the following definitions—
"Commission"
means the Electoral Supervisory Commission appointed in terms of section 61
(Electoral Supervisory Commission) of the Constitution;
"counting
centre" means any place notified by a constituency registrar
in terms of section 73 (Counting and rejection of votes)
as a place where the counting of votes will take place;
"electoral
officer" means the Registrar-General, a constituency registrar,
presiding officer, polling officer or counting officer;
"monitor"
means a person appointed and accredited as a monitor in terms of section 14B
(Functions of Commission regarding monitors);
"observer"
means a person accredited as an observer in terms of section 14C
(Functions of Commission regarding observers);".
3 New
sections inserted after section 14A of Cap. 2:01
[GLA
Act s. 3(d)]
The principal Act is
amended by the insertion after section 14A (Functions of Commission
regarding local authority elections) of the following sections—
"14B Functions
of Commission regarding monitors
(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
(Procedure on receipt of ballot boxes after poll) and 73 (Counting
and rejection of votes); 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
be
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 the time and place notified by the Registrar-General
and furnish the Registrar-General with proof of appointment 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.
14C Functions
of Commission regarding observers
(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
(Procedure on receipt of ballot boxes after poll) and 73
(Counting and rejection of votes); 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 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.
(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.
14D Functions
of Commission regarding voter education
(1) In
this section—
"foreign
contribution or donation" 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
contribution or donation" 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 contribution or donation for the purposes of voter education
shall be made except to the Commission, which may allocate such contribution
or donation to any person registered in terms of this section.
(6) Any
person who provides voter education in contravention of subsection (4)
or receives any contribution or donation 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)
(9), 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.".
4 Amendment
of section 20 of Cap. 2:01
Section 20
of the principal Act (Residence qualifications) is amended—
(a) by
the insertion before subsection (1) of the following subsection—
[GLA Act s. 3(e)(i)]
"(a1) In
this section and section 21 (Claims for registration)—
"proof
of identity" means a passport, identity document issued in
terms of section 7 (Issue of identity documents) of the
National Registration Act [Chapter 10:17] or driver’s
licence issued in terms of the Road Traffic Act [Chapter 13:11];
"proof
of qualification as a voter" means a passport or identity
document issued in terms of section 7 (Issue of identity documents)
of the National Registration Act [Chapter 10:17];
"proof
of residence", in relation to a constituency, means proof
by way of—
(a) a
receipt or demand for payment of any rate in terms of the Urban
Councils Act [Chapter 29:15], rate or levy in terms
of the Rural District Councils Act [Chapter 29:13],
or charge for the provision of electricity, in the name of the owner
of the property concerned (or in the case of an occupier other than
the owner, such a receipt or demand in the name of the owner accompanied
by a written statement of the owner confirming the occupation of
the property by the occupier); or
(b) a
sworn statement by the employer of the voter or claimant confirming
the voter’s or claimant’s address; or
(c) a
sworn statement by the voter or claimant confirming his address
or place of residence; or
(d) a
bank statement, hospital bill or envelope with a post marking, bearing
the name of the voter or claimant and the voter’s or claimant’s
address, or such other proof of residence as may be prescribed;
or
(e) a
verbal or written statement of the name of the chief, headman and,
if applicable, village head of the area and village where the voter
or claimant resides[.]";
(b) by
the insertion after subsection (3) of the following subsection—
[GLA
Act s. 3(e)(ii)]
"(4) The
Registrar-General or any constituency registrar may demand from any
voter who is registered on the voters’ roll for a constituency proof
of identity, proof of qualification as a voter, proof of residence in
that constituency or all or any combination of the foregoing.".
5 Amendment
of section 21 of Cap. 2:01 [GLA
Act s. 3(f)]
Section 21 (Claims
for registration) of the principal Act is amended by the insertion
after subsection (6) of the following subsection—
"(7) The
Registrar-General or any constituency registrar may demand from any
claimant proof of identity, proof of qualification as a voter, proof
of residence in a constituency or all or any combination of the foregoing.".
6 Amendment
of section 26 of Cap. 2:01 [GLA
Act s. 3(g)]
Section 26 (Objections
by voters) of the principal Act is amended by the repeal of subsection (3)
and the substitution of—
"(3) If
an objection in terms of subsection (1) is lodged and—
(a) the
constituency registrar upholds the objection, he shall give written
notice accordingly to—
(i) the
voter who has objected and refund the whole of the sum deposited
in terms of paragraph (c) of subsection (2) or, where
the effect of upholding the objection is to strike the name of the
person to whom the objection relates off the voters’ roll or to
place it on another voters’ roll, refund half such sum; and
(ii) the
person to whom the objection relates, where the effect of upholding
the objection is to strike his name off the voters’ roll or to place
it on another voters’ roll:
Provided
that if the voter who has objected returns the sum to the constituency
registrar accompanied by a written notice to the effect that he wishes
the objection to be heard, or if the person to whom the objection
relates gives the constituency registrar notice to the effect that
he wishes the objection to be heard, paragraph (b) shall apply
as if the constituency registrar did not uphold the objection;
(b) the
constituency registrar does not uphold the objection, he shall—
(i) forthwith
set down the objection for hearing before a designated magistrate
of the province in which the person to whom the objection relates
resides; and
(ii) the
designated magistrate shall appoint a day and place for the hearing,
the day so appointed being not more than 30 days after the date
of lodging of the objection.".
7 New
section substituted for section 34 of Cap. 2:01 [GLA
Act s. 3(h)]
Section 34 (Additional
powers to alter voters’ rolls) of the principal Act is repealed
and the following is substituted—
"34 Additional
powers to alter voters’ rolls
(1) In
addition to other powers of alteration conferred by this Part, a voters’
roll may be altered—
(a) by
the Registrar-General at any time to correct any error or omission
or to change (whether on the oral or written application of a voter
or not) the original name or address of the voter to an altered name
or address;
(b) by
the constituency registrar at any time by correcting any obvious mistake
or omission, or by changing, on the written application of a voter,
the original name or address of the voter to an altered name or address;
(c) by
the constituency registrar at any time except during the period between
the issue of a proclamation referred to in section 38 (General
elections) or 39 (Vacancies and by-elections) and the close
of polling at the election fixed by any such proclamation, by striking
out the name of any person, on proof that he has become qualified
for and has secured registration on another voters’ roll.
(2) In
the case of an alteration in terms of paragraph (a) of subsection (1)
made otherwise than on the oral or written application of a voter, or
paragraph (b) of subsection (1), a notice of the fact shall
be published in the Gazette by the Registrar-General or constituency
registrar, as the case may be.".
8 Amendment
of section 60 of Cap. 2:01 [GLA
Act s. 3(j)]
Section 60
(Procedure at close of poll) of the principal Act is amended in
subsection (2) by the repeal of paragraph (a) and the substitution
of—
"(a) close
and seal the aperture in the ballot box and affix his seal thereto and
permit any such candidates and election agents to affix their signatures
or thumb-prints upon the presiding officer’s seal or to affix their
seals to the aperture of the ballot box:
Provided
that any seal of a candidate or election agent shall be of the type
or size prescribed, or approved by the Registrar-General;".
9 Amendment
of section 61 of Cap. 2:01
Section 61
(Applications for postal ballot papers) of the principal Act is
amended—
(a) by
the repeal of subsection (2) and the substitution of—
[GLA Act s. 3(k)(i)]
"(2) When
an election is to take place in a constituency, a voter ordinarily resident
in Zimbabwe who is resident in that constituency or was, within 12 months
of the polling day or first polling day, as the case may be, fixed in
relation to that constituency, resident therein and has good reason
to believe that he will be absent from the constituency or unable to
attend at the polling station by reason of being—
(a) on duty
as a member of a disciplined force or as a constituency registrar,
presiding officer, polling officer or counting officer; or
(b) absent
from Zimbabwe in the service of the Government of Zimbabwe; or
(c) a spouse
of a person referred to in paragraph (a) or (b);
may apply to the
Registrar-General for a postal ballot paper:
Provided that applications
for postal ballot papers by members of a disciplined force may be made
to the Registrar-General through their commanding officers.";
(b) in
subsection (3) by the deletion in paragraph (c) of "reach
the constituency registrar concerned not later than noon on the day before
the polling day or first polling day" and the substitution of "reach
the Registrar-General not later than noon on [the] tenth day before
the polling day or first polling day"; [GLA
Act s. 3(k)(ii)]
(c) in
subsection (6) by the deletion of "constituency registrar"
wherever it occurs and the substitution of "Registrar-General".
[GLA Act s. 3(k)(iii)]
10 Amendment
of section 62 of Cap. 2:01 [GLA
Act s. 3(l)(i)]
Section 62
(Issue of postal ballot papers) of the principal Act is amended
in subsection (1) by the deletion of "If the constituency registrar
is satisfied, in regard to an application received by him not later than
noon on the day before the polling day or first polling day" and
the substitution of "If the Registrar-General is satisfied, in regard
to an application received by him not later than noon on the third day
before the polling day or first polling day".
11 New
sections inserted after section 79 of Cap. 2:01 [GLA
Act s. 3(p)]
The principal
Act is amended by the insertion after section 79 (Constituency
registrars and other persons to make declaration of secrecy) of the
following sections—
"79A Conduct
of election agents, polling agents, monitors and observers at elections
(1) Every election
agent, polling agent, monitor and observer appointed or accredited
for the purpose of any election shall be bound by the code of conduct
set out in the Schedule.
(2) Any election
agent, polling agent, monitor or observer who contravenes any provision
of the code of conduct set out in the Schedule shall be guilty of
an offence and liable to a fine not exceeding $100,000 or to imprisonment
for a period not exceeding five years or to both such fine and such
imprisonment.
(3) Additionally
or alternatively to any prosecution for an offence in terms of subsection (2),
contravention of any provision of the code of conduct set out in the
Schedule shall, notwithstanding anything contained in this Act, constitute
grounds for an electoral officer to exclude any polling agent, monitor
or observer from any polling station or counting centre.
79B Absence
of election agents, polling agents, monitors and observers at opening
and closing of ballot boxes, etc.
For
the avoidance of doubt it is declared that the failure by any person
entitled in terms of paragraph (b) of subsection (1) of section 55
(Conduct of poll) to be present on time—
(a) at
the sealing or opening of the ballot boxes in terms of subsection (4)
of section 54 (The ballot box); or
(b) at
the sealing of the ballot boxes in terms of paragraph (a) of
subsection (2) of section 60 (Procedure at close of poll)
or of the packets referred to in paragraph (b) of that subsection;
or
(c) at
the verification of the statements referred to in subsection (1)
of section 72 (Procedure on receipt of ballot boxes after
poll) and at the counting of votes in terms of that section;
shall
not prevent the electoral officer concerned from proceeding in the absence
of such person.".
12 New
section inserted after section 116 of Cap. 2:01 [GLA
Act s. 3(q)]
The principal
Act is amended by the insertion after section 116 (Bills and placards
to have names of printer and publisher) of the following section—
"116A Defacing
property for political purposes
(1) Any person
who, with the object of supporting or opposing any political party,
political cause or candidate, whether or not in reference to any election,
places any bill, placard, poster, pamphlet, circular or other document,
writing or painting on, or otherwise defaces, any house, building,
wall, fence, lamp-post, gate or elevator without the consent of the
owner or occupier thereof, shall be guilty of an offence and liable
to a fine not exceeding $100,000 or to imprisonment for a period not
exceeding five years or to both such fine and such imprisonment.
(2) Subject
to Part XIX of the Criminal Procedure and Evidence Act [Chapter 9:07],
a court which has convicted a person of any offence in terms of subsection (1)
shall forthwith award compensation, including the costs of restoring
the property to its former condition, to any person whose right or
interest in property of any description has been lost or diminished
as a direct result of the offence.".
13 Insertion
of Schedule in Cap. 2:01 [GLA
Act s. 3(r)]
The principal
Act is amended by the insertion of the following Schedule—
"SCHEDULE
(Sections 14B(4)(a)(i),
14C(6)(c) and 79A)
CODE OF CONDUCT
FOR ELECTION AGENTS, POLLING AGENTS, MONITORS AND OBSERVERS
1. An
election agent, polling agent, monitor or observer shall obey every
lawful instruction of an electoral officer.
2. An
election agent, polling agent, monitor or observer shall not hinder
or obstruct an electoral officer in the lawful conduct of his or her
functions.
3. No
monitor or observer shall wear any apparel sporting a prohibited symbol
or apparel indicating any affiliation with a candidate or political
party participating in the poll, nor in any other way canvass for any
candidate or political party while monitoring or observing the poll.
4. An
election agent or polling agent shall not wear any apparel sporting
a prohibited symbol or indicating any affiliation with a candidate or
political party participating in the poll, but may wear such identification
label or badge as is sufficient to indicate the candidate or political
party he or she represents.
5.
An election agent or polling agent shall not, within the polling station
or within 100 metres of any poll-station polling station, canvass for
any candidate or political party.
6. An
election agent, polling agent, monitor or observer shall not obstruct
or accost any voter at a polling station or on his or her way thereto
or therefrom nor interview any voter at a polling station.
7. An
election agent, polling agent, monitor or observer shall not do anything
which compromises the secrecy of the ballot.
8. If
an election agent, polling agent or monitor considers that there has
been any irregularity in the conduct of the poll or the counting of
the votes, the election agent, polling agent or monitor shall not bring
such irregularity or apparent irregularity to the attention of any electoral
officer other than the presiding officer or constituency registrar.
9. If
an observer considers that there has been any irregularity in the conduct
of the poll or the counting of the votes, the observer shall bring such
irregularity or apparent irregularity to the attention of a monitor
on duty at the polling station or counting centre concerned and not
to the attention of any electoral officer.
10. Not
more than one polling agent for any candidate shall be permitted to
be in a polling station or to witness the verification of statements
of presiding officers and the counting of votes, as the case may be,
at any time.
11. A
polling agent may not be present at the verification of the statements
or the counting of the votes at an election for which his candidate
was not nominated.
12. In
the case of an election to the office of President—
(a) a
candidate’s provincial or constituency election agents shall not be
permitted to enter any polling station, nor witness the verification
of statements of presiding officers or the counting of votes, outside
the province or constituency, as the case may be, for which they were
appointed;
(b) not
more than the prescribed number of the candidate’s polling agents
may be present at the counting of votes.
13. An
election agent, polling agent, monitor or observer shall, generally,
conduct himself or herself in a manner conducive to the peaceful, dignified
and orderly conduct of the poll.".
14 Minor
amendments to Cap. 2:01
The provisions
of the principal Act specified in the first column of the Schedule are
amended to the extent specified opposite thereto in the second column
of the Schedule.
15 Saving
The provisions
of this Act shall be deemed to have come into effect on the 4th February,
2002.
SCHEDULE
(Section 14)
MINOR
AMENDMENTS
| Provision
|
Extent
of amendment
|
|
Section 6
(Interpretation in Part III)
|
By the repeal
of the definition of "Commission".
[GLA Act s. 3(b)]
- [This definition is reinserted by s.2 above into s.3 of the
Act (Interpretation).]
|
|
Section 11(1)
(Staff of Commission)
|
By the insertion
after "Minister" of "or any other Minister".
[GLA Act s. 3(c)]
|
|
Section 59(1)
(Voting by physically incapacitated or illiterate voters)
|
By the insertion
after "presiding officer" wherever it occurs of ",
in the presence of a monitor and a police officer on duty at the
polling station". [GLA
Act s. 3(i)]
|
|
Sections 62(3)
and (4) (Issue of postal ballot papers), 63 (Refusal of
application for postal ballot paper) and 64(2) (Recipients
of postal ballot papers not entitled to vote at polling stations)
|
By the deletion
of "constituency registrar" and the substitution of
"Registrar-General".
[GLA Act ss. 3(l)(ii), 3(l)(iii),
3(m) and 3(n)]
|
|
Section 62(5)
(Issue of postal ballot papers)
|
By the deletion
of "constituency registrar" wherever it occurs and the
substitution of "Registrar-General".
[GLA Act s. 3(l)(iv)]
|
|
Section 78(4)
(Custody and disposal of ballot and other papers)
|
By the deletion
of "six months" and the substitution of "two years".
[GLA Act s. 3(o)]
|
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