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Zimbabwe Electoral Commission Bill, 2004
September 10, 2004

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BILL

To establish the Zimbabwe Electoral Commission and provide for its functions; and to provide for matters connected with or incidental to the foregoing.

ENACTED by the President and Parliament of Zimbabwe.


Memorandum

This Bill will establish an independent authority to administer all elections and referendums in Zimbabwe. The contents of the Bill are summarised under the clause-by-clause analysis below:


Clause 1
This clause sets out the Bill's short title.

Clause 2
This clause contains definitions of terms used in the Bill.

Clause 3
This clause provides for the establishment, composition and proceedings of the Zimbabwe Electoral Commission. The Commission will consist of a Chairperson qualified to be a judge of the Supreme Court or the High Court appointed by the President after consultation with the Judicial Service Commission, and four other Commissioners appointed by the President from a list of seven nominees submitted by the Committee on Standing Rules and Orders.

Clause 4 and Second Schedule
This clause sets out the Commission's functions, which are primarily to conduct Presidential, Parliamentary and local elections and referendums, and to direct and control the registration of voters and ensure the proper custody and maintenance of voters' rolls. The Second Schedule provides for certain ancillary powers of the Commission not directly related to its core functions.

Clause 5 and First Schedule
This clause and the First Schedule provides for the qualifications, terms and conditions of office and removal or suspension therefrom of Commissioners.

Clause 6 and Third Schedule
This clause and the Third Schedule provides for the financial aspects of the Commission's operations.

Clause 7
This clause provides for the appointment of a Chief Elections Officer by the Commission whose principal task is to manage the affairs and property of the Commission.

Clause 8
This clause provides for the Commission to report to the Minister on any election or referendum as soon as possible after it is conducted. The Minister is then obliged to submit such report to Parliament within a certain period after receiving it. The clause also provides for the submission of financial and other reports by the Commission.

Clauses 9, 10, 11 and 12
These clauses will confer functions on the Commission with respect to the provision of voter education.

Clauses 13
This clause empowers the Commission to produce codes of conduct governing the conduct of political parties during elections and referendums.

Clause 14
This clause applies the State Liabilities Act [Chapter 8:14] to legal proceedings against the Commission.

Clause 15
This clause empowers the Commission to make regulations prescribing all matters which by this Bill are required or permitted to be prescribed or which, in its opinion, are necessary or convenient to be prescribed for carrying out or giving effect to this Bill.

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